Tag: Accident benefits

TGP Successful in LAT Claim

Post author By tgp-admin
Post date May 25, 2021
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Tim Crljenica was successful in defending an accident benefits claim for income replacement benefits, medical benefits, removal from the Minor Injury Guideline, and funding for catastrophic impairment assessments. The decision is M.A.H. v. Travelers Insurance (19-002005/AABS).

Following a three day hearing, LAT Adjudicator Therese Reilly concluded that the claimant did not suffer any of chronic pain, concussion, psychological impairment, or pre-existing conditions. The adjudicator also preferred the opinion of the insurer’s psychological expert over that of the claimant’s expert. The evidence also showed that the claimant continued to work in his pre-accident employment and began a new occupation in the year after the accident.

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Tags Accident benefits

TGP Decisions

Chris McCormack wins limitation issues

Post author By tgp-admin
Post date October 28, 2020
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Chris McCormack was successful on behalf of our client in this preliminary issues hearing addressing limitation issues. The claimant was found to be barred from proceeding with her claim for 10 benefits for failure to commence a proceeding within two years of the insurer’s refusal to pay the amount claimed. Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.

Of note, Vice-Chair McGee agreed with Adjudicator Neilson’s decision in S.S. v. Certas Home and Auto Insurance Company (18-001196/AABS), and held that it is not within the LAT’s jurisdiction to extend the limitation period under s. 7 of the LAT Act.

https://www.linkedin.com/posts/tgplawyers_ml-decision-activity-6727309906619244544-hchLL

Tags Accident benefits, Limitation period, LAT

TGP Decisions

TGP win with Travelers

Another Thomas Gold Pettingill LLP win!

We were successful on behalf of our client Travelers in defending its MIG position. Adjudicator Boyce agreed that the claimant’s injuries fell within the MIG and dismissed the claimant’s dispute in its entirety. A helpful decision to insurers on the MIG and chronic pain.

https://www.linkedin.com/posts/tgplawyers_ns-v-dominion-of-canada-travelers-activity-6706295459536801792-monf

Tags LAT, Minor injury guideline, Chronic pain, Accident benefits

TGP Decisions

Chris Schnarr defends income replacement claim

Post author By tgp-admin
Post date July 3, 2020
No Comments on Chris Schnarr defends income replacement claim

Chris Schnarr successfully defended a claim for post-104 week income replacement benefits and med/rehab benefits involving a self employed roofer. The adjudicator accepted the conclusion of the insurer’s experts in light of the fact that the accident was very minor, and the applicant had not sought medical assistance from his family physician for a significant period of time. The claim also involved surveillance that called the applicant’s credibility. Lastly the applicant had not attempted to seek suitable employment.

https://www.linkedin.com/posts/tgplawyers_by-v-economical-activity-6688823058389643264-f1WE