June 2024

On Wednesday, June 26th at 12p, Rebecca Brown Greer, Peter Durant, and Tiziana Serpa will be hosting a free one hour webinar, entitled "More than Appealing" discussing Yatar and what we can expect in the upcoming months with a possible influx of JRs and other key issues at the LAT. Bring your questions, we always make time at the end to answer any file handling queries.

If you are having trouble with the links, please copy and paste this into your browser:

https://us06web.zoom.us/webinar/register/WN_m2S2WMo9Ru6WKhNWb4OsDg#/registration

Key LAT Decisions - May and June 2024

Pursuing CAT determination when only MIG limits have been exhausted

Lawyer Tiziana Serpa writes on In the recent decision of Johnson v Co-operators General Insurance Company. Adjudicator Jarda was tasked with determining whether the applicant was entitled to $19,097.00 for a catastrophic impairment assessment in a Treatment and Assessment Plan (OCF-18) that had been submitted to the insurer on March 21, 2020.

To read the complete blog, click here.

Applicants cannot bring premature applications for entitlement to catastrophic benefits that are not (yet) available to them

Juny Kim writes on an important decision from the LAT which reaffirms that applicants cannot bring premature applications for entitlement to catastrophic benefits that are not (yet) available to them if they have not yet submitted an OCF-19 and other documentation supporting an application for a catastrophic determination.

Click on the link to read more.

LAT Orders Case to be Reheard due to Original Decision Maker’s Failure to Identify Causation as a Key Issue

Summer Student, Daniel Hinds, writes on a reconsideration decision, where the LAT recognized that it committed an error of law. Whether there was an “accident” was not in dispute between the parties. The Tribunal should have instead applied the test for causation to determine whether the car accident, the occurrence of which was undisputed, caused the psychological injuries.

Read the complete blog here.

In the News: Coverage Gaps for Ridesharing Drivers

Matthew Owen was interviewed recently by Canadian Underwriter on the rise of auto insurance clients taking on extra rideshare or delivery work, and the issues with coverage when claims come in. To read the full article, visit the Canadian Underwriter site here.