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Accident Benefits Update: LAT Approves Attendant Care Despite Lawyer’s Return to Work

Campisi Law on March 20, 2020

On March 20, 2020, the Licence Appeal Tribunal (LAT) released its decision in J.W. v. Security National Insurance Company (2020 CanLII 30385). The central question in this decision concerned a catastrophically injured (catastrophic) applicant’s entitlement to Attendant Care (AC) benefits, and the quantum of those benefits if found reasonable and necessary. The applicant, J.W. had been seriously injured in a motor vehicle accident on October 20, 2014 while riding a motorized scooter. He sustained a traumatic brain injury (TBI) and multiple orthopedic and other injuries. Security National, his accident benefits insurer, accepted that he was catastrophic.

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Campisi Success Story – Automobile Insurance Claim

Campisi Law on March 20, 2020

On September 27, 2012, the Ontario Court of Appeal released its landmark decision in Pastore v Aviva.  Mrs. Pastore was successfully represented by Joseph Campisi, the founding partner of Campisi Law.  It was a long and challenging fight over several years and multiple appeals. The stakes were very high for the insurance industry, and Aviva did not want to lose.  

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Accident Benefits Update- CAT Claim

Campisi Law on March 20, 2020

In Pucci v. Wawanesa (2019 ONSC 1706), a recent Ontario Superior Court of Justice decision, the court weighed in on causation in a catastrophic impairment (catastrophic) claim. The plaintiff claimant, Brittany Pucci, had been injured in a car accident on June 16, 2013. She suffered various physical injuries and psychological impairments following the accident. Her insurer, Wawanesa paid for her accident benefits including income replacement benefits (IRBs), attendant care (AC) and housekeeping and home maintenance (HKHM) as required under the Statutory Accident Benefits Schedule (SABS) until her non-catastrophic limits were exhausted. Following termination, she applied to the Court for declarations that she had suffered a catastrophic impairment from a mental or behavioral disorder (MBD), and that she was entitled to ongoing IRBs, HKHM and AC benefits.

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Accident Benefits Update: CAT

Campisi Law on March 20, 2020

In E.E. and Aviva Insurance Company, a recent decision of the Licence Appeal Tribunal (LAT), the Applicant, E.E. claimed that he had suffered Catastrophic (CAT) Impairment under the Statutory Accident Benefits Schedule (SABS) following a serious single vehicle collision on January 28, 2012 in which he was a passenger.  His initial complaints included neck and back pain with loss of sensation in his right arm. No neurological defects were noted at the hospital. His condition deteriorated over time, and he required several emergency room visits culminating in significant spinal surgery. He continued to suffer from spasticity in his extremities with severely altered gait and very limited use of his dominant right hand, as well as ongoing psychological impairments.  

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Accident Benefits Newsletter – a Concussion Is (Still) Not a Minor Injury

Campisi Law on March 20, 2020

It is generally acknowledged that the Minor Injury Guideline (MIG) does not extend to traumatic brain Injuries (TBIs), regardless of the degree of initial severity. Any brain injury from mild to severe is equally outside the ambit of the MIG. It is also acknowledged that a concussion and Post-Concussion Syndrome (PCS) qualify as mild TBIs. Despite these acknowledgements however, Accident Benefits insurers continue to fight tooth and nail to keep concussion victims in the MIG.

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Personal Injury News: US Jury Awards $1 Billion! Can It Happen In Canada?!

Campisi Law on March 20, 2020

One of the challenges we face as Canadian personal injury lawyers arises from the differences between Canadian and American approaches to damages. Our clients hear about massive personal injury awards (the $1.3 Million “spilled coffee” cases etc.), then are frustrated or suspicious by the relatively modest damages available in a Canadian case.

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Pastore Revisited: Catastrophic Impairment Victory Changed the Accident Benefits Landscape

Campisi Law on March 20, 2020

On September 27, 2012, the Ontario Court of Appeal released its landmark decision in Pastore vAviva. Mrs. Pastore was successfully represented by Joseph Campisi, the founding partner of Campisi Law. It was a long and challenging fight over several years and multiple appeals. The stakes were very high for the insurance industry, and Aviva did not want to lose.

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Accident Benefits Newsletter – Paediatric Brain Injury Victim Denied CAT Determination

Campisi Law on March 9, 2020

Generally, the June 1, 2016 Amendments to the Statutory Accident Benefits Schedule have made it more challenging for car accident victims to qualify for a determination of catastrophic impairment (catastrophic). The declared legislative intention is that the amendments were introduced to promote clarity in the catastrophic criteria, with the ultimate goal of providing more efficient and cost-effective resolution of these claims. However, from the claimants’ perspective, these goals appear one-sided in favour of the insurance industry. With fewer claims leading to a catastrophic finding, insurer payouts are reduced. At the same time, the greater challenges to a successful catastrophic determination operate as a disincentive to claimants, their care providers and legal representatives.

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