Apologies, but no results were found for the requested archive. Perhaps searching will help find a related post.
We will travel to your home, hospital, or rehabilitation centre throughout eastern Ontario.
Ottawa Cycling Accident
Listen up Ottawa… Do you have any information that could help this family ?
36-year-old cyclist Mathieu Trudel was involved in a very serious cycling accident on October 30 that resulted in him being in the hospital with a very serious brain injury.
Mathieu is a visual and graphic artist and was on his way to work, riding his bicycle in the eastbound lane of Rideau Street, close to the Cummings Bridge. The accident occurred at approximately 8:40 a.m.
We do know that Mathieu crashed and injured his right side, fractured his cheekbone, suffered a closed head injury and was found unconscious. Thankfully he was wearing a helmet. This helmet may have saved his life. The rest of the details surrounding his accident are unknown. This is where hopefully someone can help.
Mathieu’s family is asking for the help of the Ottawa community. If you witnessed this accident or have any information that can help determine what happened, please contact authorities. Mathieu is currently recovering at Ottawa Hospital’s Civic Campus and any information brought forward may help trigger his memory and help determine what happened in the accident.
How to contact Ottawa Police
If you have any information that can help , please contact Mathieu’s family at 613-837-2641 or call the Ottawa Police and ask for Const. Ryan Lorette at 613-236-1222 ext. 6954. Any information you may have could be valuable. If you can help, please do.
Ontario Accident Benefits …Liberal Interpretation of “Accident” under SABS
By: Brent Meadows
Accidents in Ontario
In Ontario, if you are injured in a motor vehicle accident, you may apply for benefits under the Statutory Accident Benefits Schedule (SABS) regardless of fault. You may also seek compensation in tort by commencing a lawsuit against any person(s) at fault.
What is an accident ?
The Financial Services Commission of Ontario has recently dissected the term ‘accident’ in relation to the SABS. If an injured party can establish that they were injured as a result of an ‘accident’, they may apply for SABS benefits.
What accidents will be covered under accident benefits?
In Kasman and Security National, (FSCO A12-007175, October 2, 2014), Mr. Kasman, the applicant, alleged that he was injured in a motor vehicle accident and was therefore entitled to certain statutory accident benefits. He applied for benefits but was refused by Security National on the basis that he was not injured in an ‘accident’ as defined in section 2(1) of the Schedule.
By way of background, Mr. Kasman was struck on the head by the arm/gate that regulates entry into an underground parking garage. He walked and followed a car that triggered the arm to lift. The arm then lowered on his head as the car that Mr. Kasman was following continued into the garage triggering the sensor that causes the arm to lower.
Arbitrator Rogers had to decide whether or not Mr. Kasman’s injury was directly caused by the use or operation of an automobile. Security National relied on cases where individuals were not entitled to accident benefits and where their injuries were caused by an assault that occurred in or around a vehicle. In the ‘assault’ type of cases, Swaby v. Allstate Insurance for example, it was decided that the injuries did not arise out of the use of an automobile.
Arbitrator Rogers further differentiated the case at hand from Mahadan and Co-operators General Insurance Co (FSCO A00-000489, March 15, 2001) where an individual was injured after he placed groceries in the trunk of his car and soon after tripped on a pothole. The pothole broke the chain of causation and the claimant was not entitled to the accident benefits.
However in Kasman, the injury was directly caused by the car as it triggered the arm/gate to go up and down. Specifically, arbitrator Rogers noted that “Had the car hit the arm, which in turn hit Mr. Kasman causing injury, there would be no doubt regarding causation. I see no qualitative difference because the arm is remotely triggered.”
Arbitrator Rogers ultimately held that Mr. Kasman was injured as a result of an “accident” as defined in section 2(1) of the Schedule as the incident arose out of the use or operation of an automobile, and the use or operation of the automobile directly caused the impairment.
If you have been injured and aren’t sure of your rights, contact an experienced Ottawa personal injury lawyer. Most lawyers offer a free consultation and can walk you through your options and help you determine what’s best for you and your family moving forward. For more information, visit www.ottawainjury.ca/insurance-claims
CATASTROPHIC IMPAIRMENT IN MOTOR VEHICLE ACCIDENTS
Statutory Accident Benefits Schedule Regulation of the Insurance Act Last amendment: O. Reg. 347/13.
A catastrophic impairment caused by an accident is,
(a) paraplegia or quadriplegia;
(b) the amputation of an arm or leg or another impairment causing the total and permanent loss of use of an arm or a leg;
(c) the total loss of vision in both eyes;
(d) subject to subsection (4), brain impairment that results in,
(i) a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or
(ii) a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose;
(e) subject to subsections (4), (5) and (6), an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or
(f) subject to subsections (4), (5) and (6), an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder. O. Reg. 34/10, s. 3 (2).
- Partial paraplegia or quadriplegia are sufficient to meet the criteria for catastrophic impairment
- If at any moment the GCS reading is “9 or less”. It matters not if the score improves quickly.
- There is case law to support the position that if a medically appropriate GCS registers “9 or less” within a reasonable time after the accident, where the brain impairment as a result of the accident is not contested, this satisfies the criteria even if taken once a person is intubated.
- Six months after the accident, brain injury survivors can be assessed using the Glasgow Outcome Scale. The Scale is based on overall social compatibility or dependence of the client. It takes into account the combined effect of mental and neurological deficits without listing them as part of the definition.
Catastrophic Injuries: There are four categories of survival:
- Vegetative State
- Severe Disability
- Moderate Disability
- Good Recovery
Where the patient has suffered a “severe disability”, she is deemed catastrophically impaired. A “severe disability” may include situations where an individual may function reasonably well with some ADLs but require assistance with others, may require supervision due to memory, fatigue, or some other impairment. The severe disability may be a combination of mental and physical impairments.
- In determining Whole Person Impairment, the law requires that mental impairments be combined with physical impairments to determine whether 55% is reached.
- Mental impairment (when determining a marked or severe impairment) must be evaluated in accordance with each of these four categories:
- Activities of daily living;
- Social functioning;
- Concentration, persistence and pace;
- Adaptation to work or work-like settings.
In order to qualify as having sustained a “marked impairment”, the applicant must establish that:
“impairment levels significantly impede useful functioning”.
“Significantly” means “more than insignificant, more than minimally. It does not mean “completely”.
“Impede” means “obstruct”, “hinder” or “delay”.
A rating of “marked impairment” in one of the four categories is sufficient to be deemed Catastrophically Impaired.
Occupational therapists, physiotherapists, psychologists, social workers, and other health care professionals typically evaluate one or more activities of daily living in the course of their assessments.
Activities of daily living include: Self-care, personal hygiene, Communication, Physical Activity, Sensory Function, Hand Function, Travel, Sexual Function, Sleep, Social and Recreational activities.
Sleep and pain levels play a significant role in these assessments.
Contact an experienced personal injury lawyer for more information on catastrophic injuries.
For more on catastrophic impairment and determination please see the Statutory Accident Benefits Schedule, American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, or visit www.ottawainjury.ca/catastrophic-injury/
MINOR INJURY GUIDELINE (MIG) FOR MOTOR VEHICLE INSURANCE
per s.268.3 of the Statutory Accident Benefits Schedule – HIGHLIGHTS
This Guideline is focused on the application of a functional restoration approach in the management of minor injuries in the acute and sub-acute phases of the injury.
For the purposes of this Minor Injury Guideline:
a) minor injury means a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and any clinically associated sequelae. This term is to be interpreted to apply where a person sustains any one or more of these injuries.
b) sprain means an injury to one or more tendons or ligaments or to one or more of each, including a partial but not a complete tear.
c) strain means an injury to one or more muscles, including a partial but not a complete tear.
d) subluxation means a partial but not a complete dislocation of a joint.
e) whiplash injury means an injury that occurs to a person’s neck following a sudden acceleration-deceleration force.
f) whiplash associated disorder means a whiplash injury that:
(i) does not exhibit objective, demonstrable, definable and clinically relevant neurological signs, and
(ii) does not exhibit a fracture in or dislocation of the spine.
Exceptions: An insured person’s impairment does not come within the MIG if the insured person’s impairment is predominantly a minor injury but, based on compelling evidence provided by his or her health practitioner, the insured person has a pre-existing medical condition that was documented by a health practitioner before the accident and that will prevent the insured person from achieving maximal recovery from the minor injury if he or she is subject to the $3,500 limit referred to in section 18(1) of the SABS or is limited to the goods and services authorized under this Guideline.
The MIG does NOT include concussion/TBI, or psychological impairments such as anxiety disorder.
Duration of benefits: treatments provided will not typically exceed twelve weeks in duration following the date of the initial visit
Total funding for benefits: $3,500
Goods and services provided: Assessment, treatments, equipment (therabands, gym ball, lumbar roll), assistive devices.
Treatments to include. Activity Prescription; Education; Reassurance; Home Exercise, treatments for: pain management, increased function, and diagnostic imaging.
Still have a question about the Minor Injury Guideline or Ontario Accident Benefits?
For a complete copy of the Minor Injury Guideline with Fee Schedule for services, please see Financial Services Commission of Ontario website www.fsco.gov.on.ca or www.ottawainjury.ca/insurance-claims/