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  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

Latest News Articles

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For a complete list of recent articles, please go to our 'Media Articles' page under 'In the News'.
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The brain gives up more secrets

A research team, led by the Research Institute of the McGill University Health Centre (RI-MUHC) in Montreal, has broken new ground in our understanding of the complex functioning of the brain. The research, published in the current issue of the journal Science, demonstrates that brain cells, known as astrocytes, which play fundamental roles in nearly all aspects of brain function, can be adjusted by neurons in response to injury and disease. The discovery, which shows that the brain has a far greater ability to adapt and respond to changes than previously believed, could have significant implications on epilepsy, movement disorders, and psychiatric and neurodegenerative disease.

http://www.mcgill.ca/newsroom/channels/news/brain-gives-more-secrets-259151

Ontario plans quicker approval for PTSD claims by first responders

“Psychological injuries provide more of a challenge,” the labour minister said. “I’m bringing forward a plan that’s going to address those challenges.”

http://www.cbc.ca/news/canada/toronto/kevin-flynn-ontario-ptsd-1.3453521

Half of Canadians financially unprepared to miss work

The financial strain of a disability can be quite significant – 29% of respondents had to reach into their savings to pay for recovery and expenses, 17% incurred more debt, another 17% loaned money from family and friends, and 9% withdrew from their RRSPs. The situation is even worse for those without any insurance, where 60% of those surveyed reported that they were in ‘rough shape’ and ‘financially terrible’ while off work.

http://www.insurancebusiness.ca/news/half-of-canadians-financially-unprepared-to-miss-work-203247.aspx

Lawyer alone authorized to make settlement offer: Divisional Court

A Toronto lawyer says he feels vindicated by a recent Divisional Court decision that overturned a two-year-old ruling against him over a settlement agreement.

“I find that the motion judge erred in law and made factual findings unsupported by the evidence on matters of fundamental principle,” said Divisional Court Justice Anne Molloy, who penned the ruling on the court’s behalf.

In 2014, a motion judge had deemed a settlement agreement, to which lawyer Joseph Zayouna agreed, was unenforceable because Zayouna didn’t have instructions from his client to accept the deal.

http://www.canadianlawyermag.com/legalfeeds/

Is the WSIB ignoring medical advice?

The Workplace Safety and Insurance Board is being accused of cutting off benefits to injured workers against the advice of medical professionals. The Ontario Federation of Labour is asking the provincial Ombudsman to investigate. The new president of the WSIB, Tom Teahen, talks with the Rita Celli about the allegations.

Podcast found here:  http://www.cbc.ca/ontariotoday/episodes/#

Disabled Workers Face a Perfect Storm

Canadians off work due to a disability are facing a perfect storm – they need time to recover, but instead of focusing on their health, they’re often dealing with the financial stress of trying to make ends meet and the emotional stress of being away from work.

http://www.ilstv.com/disabled-workers-face-perfect-storm/

Study shows improved winter road safety should save lives

One of the safeguards in place for those who have suffered personal injuries in car accidents and who have been wrongly denied a benefit is the ability to file a claim in the Ontario courts against their insurance company. It is an important right to have – although there are other methods of disputing an insurance company’s denial of a benefit in a personal injury claim (such as through the dispute resolution procedure at the Financial Services Commission of Ontario, or FSCO.)

http://lernerspersonalinjury.ca/the-license-appeal-tribunal-and-the-future-of-car-insurance-disputes/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=View-Original

Latest data on the volume of cases for mediation and arbitration at the Financial Services Commission of Ontario

Works out to be roughly 525 applications for mediation hearings each week and an additional 181 arbitration applications per week in 2015. This works out to 141 applications for mediation or arbitration every business day of 2015.
For January of 2016 there have been 685 applications for mediation every week and 184 applications for arbitration a week. That works out to be 173 applications for mediation or arbitration each and every business day of January 2016.  FSCO Med-Arb-Timelines 2007-Jan 2016

WSIB and auto insurance: Birds of a feather

Reading the submission of the OFL one can only be struck by the how the experience of injured workers mirrors the experience of many injured in auto accidents.

It makes sense. Delaying or denying treatment is the most effective way to cut expenses and boost the bottom line (or unfunded liabilities in the case of WSIB), whether we are dealing with injured workers or auto accident victims.

At the same time that the WSIB is under fire, the Ontario Trial Lawyers Association has called on the Ontario government to conduct a public inquiry into the state of independent medical examinations of injured auto accident victims. The OTLA refers to medical experts who “distort evidence … in a bid to satisfy insurance company clients” which causes “unconscionable delays and unfair denial of coverage.”

The FAIR Association of Victims for Accident Insurance Reform has also called on the government to conduct a public inquiry stating “medical files are routinely manipulated by Ontario’s auto insurers to delay and deny claims”.

http://www.torontosun.com/2016/02/13/wsib-and-auto-insurance-birds-of-a-feather

New Policy or OPCF 16: There is no In-Between

The Ontario Superior Court has released its first-ever decision on whether the notorious OPCF 16 (Suspension of Coverage) endorsement form is mandatory when an insured wishes to remove road coverage from their policy.

http://www.insblogs.com/uncategorized/new-policy-opcf-16-no/6409