Psychological Injury

Topic: Psychological Injury The case reviews ON Minor Injury Guidelines to determine whether the claimant is entitled to Statutory Accident Benefits. Psychological injuries, if established, fall outside the MIG, because such impairments are not included in the prescribed definition of “minor injuries.”  This claim was not accepted for a number of reasons.  The applicant had […]

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Functional Capacity Evaluations and Vocational Assessments

When are “functional” and “vocational” services helpful?  According to several decisions, we are sharing the following extracted information regarding these two assessments, which often go hand-in hand: Functional capacity evaluation (“FCE”) will provide objective data for assessing a Plaintiff’s current physical functionality; FCE will identify functional limitations; FCE will identify whether the injuries will prevent […]

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Video Deposition

In this article, we will look at a case that deals with a Defendant’s application to seek a video deposition of their expert under oath before a court reporter prior to the trial of this case and that the said record of the stated deposition be tendered as evidence at the trial.  The case is […]

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Joint Experts – Considerations

Joint Experts has been a topic of discussion recently in the legal industry, specifically relating to personal injury claims since Rule 11-8 was created limiting the experts in motor vehicle action claims.  While joint experts have more commonly been used in family law cases, and even construction cases, rarely have we seen them used in […]

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