Topics related to Accident Benefits: The 2005 decision of Desbesiens vs Mordini stood for the proposition that in order to determine catastrophic impairment on the basis of a 55% whole body impairment (“WBI”), a Court could consider a combination of the pre-existing injuries of injury victims combined with both the psychological and psychiatric and physical injuries or conditions of the said victim. Recent caselaw in the Superior Court of Ontario in Kunierz vs Economical Mutual Insurance Co. (2011) has cast doubt on that. In that decision the Court found that you could not combine psychological/psychiatric conditions with physical conditions under the American AMA 4th Edition Guidelines upon which the 55% WBI assessment is based We are watching to determine what the Court of Appeal does with this issue and will keep posting developments as they occur with this case.
Learn more about Statutory Accident Benefits here.
Statutory Accident Benefits and Regulation 43/10 “THE ROAD AHEAD FOR IMPECUNIOUS VICTIMS” Paper originally presented to the Carleton County Law Association on May 25th, 2010