Personal Injury Blog

Accident Benefits Update: LAT Examines Glasgow Coma Scale As Category

In a recent decision of the Licence Appeal Tribunal, E.W. v Primmum Insurance Company, the applicant, E.W. had been seriously injured in a single vehicle collision while under the influence of alcohol. He suffered extensive orthopedic injuries requiring ongoing rehabilitation to the point that he...

Accident Benefits Update FSCO- Clarifies CAT Marked Impairment Threshold

In O’Brien v State Farm Mutual Automobile Insurance Company, a recent FSCO arbitration decision, the Applicant, Erik O’Brien was seriously injured in a car accident on August 21, 2008.  Despite extensive rehabilitation, he continued to suffer from Chronic Pain Syndrome with related depression and...

Accident Benefits Update- LAT Considers CAT Based On Glasgow Coma Scale

A designation of catastrophic impairment (CAT) following a car accident provides an injury victim with access to greatly enhanced medical, rehabilitative and other benefits under the Statutory Accident Benefits Schedule (SABS). There are several categories of impairment that qualify immediately as...

Accident Benefits Updates - Recent Cat Claims Bolster LAT Credibility

As discussed in our last post, there was immense concern that the transition from FSCO to the Licence Appeal Tribunal (LAT) would lead to inconsistent, poorly adjudicated accident benefits decisions. The transition was perceived as a cost-savings measure and, from the perspective of claimants’...

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