On February 1, 2014, more new changes to the SABS will come into force.
Without any notice to stakeholders, the provincial government adopted three proposed changes.
The three changes are as follows:
1. The minor injury regulation exemption for pre-existing medical conditions will be amended to only exempt conditions that were pre-existing and, documented by a health practitioner;
2. The attendant care services will no longer be paid in accordance with the form 1 assessed need but will only pay the service providers for the actual economic losses sustained; and
3. The re-election clause will be tightened by striking out Finland replacing it will final, regardless of any change in circumstance.
Regulation Explained
The new provision dealing with attendant care reverses the law established by the Court of Appeal in HENRY v. GORE. The regulation takes only one perspective into account insurance company profits.
Family members and friends providing attendant care will essentially be doing so for free. While time off work will be re-paid, any and all additional time spent caring for family member in the evening, during the night or over the weekend will have to be done for free. There is no longer any value placed on this time spent.
The additional provision added to the MIG will prevent individuals without a physician from escaping the $3,500 limit even if their pre-existing condition would prevent them from achieving maximal recovery under the lower limit.
The big surprise here is the complete lack of consideration given to any stake holder other than the insurance companies.
No opinions were sought, no research undertaken and no thought provoking debate occurred.
A copy of the new regulation can be found at:
http://www.e-laws.gov.on.ca/html/source/regs/english/2013/elaws_src_regs_r13347_e.htm
Written by:
Jan Marin, Lawyer, Gluckstein Personal Injury Lawyers, Toronto
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