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SPECT Scan Accepted As Evidence in Trial

Campisi Law on August 15, 2022

Recently, in Wabie v Wilson (2022 ONSC 4296) the Ontario Superior Court of Justice revisited the role played by SPECT scans in diagnosing Traumatic Brain Injuries (TBIs). SPECT (or Single Photon Emission Computerized Tomography) is a highly specialized form of diagnostic imaging that measures perfusion (the flow of blood) in the brain. As opposed to MRI or CT scans, which are used to view anatomy or structure, the 3D SPECT images show areas of decreased perfusion that highlight abnormalities in brain function.

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ACCIDENT BENEFITS UPDATE: AVIVA BEATS DEAD HORSE… TWICE!

Campisi Law on December 3, 2020

In two recent decisions of the Licence Appeal Tribunal, released on consecutive days, Aviva mounted spirited attempts to broaden the scope of accident benefits claims under the Minor Injury Guideline or MIG. N.R. and Aviva, 2019 CanLII 51313, and the Reconsideration Decision in G.S. and Aviva, 2019 CanLII 51320, were both heard in writing before Vice-Chair Susan Mather released May 9 and 10, respectively. At issue in both was whether the claimant’s chronic pain was a minor injury under the MIG. Historically, Aviva had some success in demonstrating that the presence of chronic pain does not remove a claimant from the MIG unless there is evidence of functional impairment.

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Accident Benefits Update: Proving Chronic Pain? – a Cautionary Tale

Campisi Law on November 3, 2020

In S.K. v. Aviva Insurance Canada (2019 CanLII 126203) recent Reconsideration Hearing before the Licence Appeal Tribunal (LAT), the applicant S.K. argued that the LAT had erred in fact and at law by finding that her injuries were appropriately treated under the Minor Injury Guideline (MIG). As a result of this finding, her claims for outstanding treatment plans were also dismissed.

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Accident Benefits Update – Catastrophic Assessment Report Slammed by LAT

Campisi Law on March 20, 2020

The Licence Appeal Tribunal (LAT) recently released P.S. vs. Allstate Insurance (2020 CanLII 87980) a catastrophic impairment claim heard immediately before the COVID measures took effect. In this decision, Adjudicator Hines was required to determine whether P.S., the applicant was entitled to enhanced catastrophic benefits under the Statutory Accident Benefits Schedule (SABS).

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Depression and Injury: How to Cope

Campisi Law on March 20, 2020

Frequently, people who have been injured in a collision or other traumatic event will develop depression – especially if the injuries result in chronic pain, brain injury or catastrophic impairment.  Having to face the sudden loss of good health and cope with an injury severe enough to render the person dependent on others for support can result in feelings of inadequacy and helplessness.  Often, there are chemical and hormonal changes in response to injury that produce depression and anxiety.

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