minor injury cap

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    Over 70% of motor vehicle accident injuries continue to be strains and sprains: HCAI data

    August 22, 2014 by

    The IBC has now published the standard HCAI reports for the first half of 2014. The document provides over 75 pages of aggregate data collected by HCAI going back to 2011. HCAI was made mandatory on February 1, 2011.

    The standard reports are published on an “accident half year” basis. In accident half year statistics, the experience of all claims with accident dates in the same accident half year is grouped together. The accident half years are defined as calendar half years, with January to June being the first half and July to December being the second half for each of the stated years.

    The chart below breaks down the percentage of claimants receiving treatment per injury group. The data is further broken down by accident half year and the percentages are based on claims transactions between the accident date and June 30, 2014.

    The injury group sizes have remained consistent since the HCAI began collecting data.  The data suggests that there doesn’t appear to be any obvious erosion of the minor injury definition.  At least 70% of claimants receiving treatment are being diagnosed under strains and sprains which fall under the minor injury definition.  The diagnosis does change over time when you look at previous periods in a chart I posted earlier this year. There has been some drifting from strains and sprains to WAD III (PN) and third degree tears (FD).  For example, for the first half of 2013, the SS injury group dropped 2.2% between the two reports while the PN and FD groups increased by 1.0% and 0.8%.  This may reflect disputed claims and the time it takes to resolve disputes.

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  • Anxiety and Depression Does Not Necessarily Exclude One From The Minor Injury Definition

    July 14, 2014 by

    A recent FSCO arbitration case (by an ADR Chambers arbitrator), Lo-Papa and Certas Direct, determined that the existence of anxiety and depression following an accident does not necessarily exclude one from the minor injury definition or the $3,500 tre…

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  • Will the February 1st SABS Changes Reduce Claims Costs?

    March 13, 2014 by

    On February 1st, three amendment to the SABS became effective. These changes were met with criticism by some stakeholders because the Ontario government chose not to consult on the amendments before introducing them.  The reaction of stakeholders was predictable with respect to

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