Champions With Heart.

Myelopathy: The Overlooked Injury That Could Impact Your Accident Compensation

When you’ve been involved in an accident, the physical and emotional toll can be overwhelming. Pain, discomfort, and changes in your body’s function may not be immediately apparent, but as symptoms progress, it becomes crucial to understand their cause. One such condition often overlooked by physicians—and in turn, by the legal system—is myelopathy.

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What You Need to Know About Long Term Disability in Ontario

Omar was a 25-year-old truck driver. He had just moved into his first home with his wife and new baby, ready to experience his happily ever after with his young family. As a truck driver, Omar was responsible for hauling heavy materials that would often be used in construction and paving. One day at the plant, Omar was instructed to go under his tanker carrying corrosive material and fix a broken line. While underneath his truck, Omar was unknowingly laying in a corrosive material, and he sustained severe burns to 20% of his body. 

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Determining Catastrophic Impairment for Spinal Cord Injury Victims

Spinal cord injuries are among the most serious a person can suffer in a car accident and can cause life-altering impairments including paraplegia or tetraplegia. The victim receives extensive treatment, attendant care and other assistance during their recovery. Despite this assistance, however, many will experience permanent functional losses requiring ongoing support. In complex cases like these, the victim’s standard insurance coverage is usually inadequate and runs out early in their recovery. The auto insurer will only continue to provide funding if the victim’s spinal cord injury qualifies as a catastrophic impairment according to the criteria set out in the Statutory Accident Benefits Schedule (SABS). 

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Accident Benefits Update: New Catastrophic Paraplegia Criteria Tested

In Patel v. RSA Insurance (19-000560-AABS), a recent decision before the Licence Appeal Tribunal, a dispute arose over the new Paraplegia criteria for meeting the definition of catastrophic impairment. The applicant, Aiysha Patel suffered a severe spinal cord injury in a car accident. She sought a determination that she was catastrophically impaired (catastrophic) under the Statutory Accident Benefits Schedule (SABS), which would entitle her to greatly enhanced ongoing benefits from RSA, her insurer.

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Accident Benefits Update: CAT

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 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 catastrophic, including a Glasgow Coma Scale (GCS) score of 9 or lower.

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