A recent Financial Services Commission of Ontario arbitration decision is likely to have a “profound” effect on how soft-tissue injury claims are interpreted moving forward, says Toronto personal injury lawyer Kevin Marshall.
Scarlett v. Belair Insurance Company Inc. deals with the case of Lenworth Scarlett, who was involved in an auto accident where he sustained strains, sprains and whiplash, and also had pre-existing injuries and subsequent psychological difficulties, the Toronto Star reports.
Scarlett and his lawyer argued his injuries claim fell outside of the minor injury guideline (MIG), which limits the amount of medical and rehabilitation treatment that an insurer is required to pay to $3,500 in treatment costs. The insurer argued that Scarlett’s injuries were soft tissue in nature, and were within the MIG.
“The question became, ‘Is he confined to the MIG or, as he and his lawyer argued, should he be moved away from the MIG and the $3,500 restriction,’” says Marshall.
Read the rest of the article here: http://www.advocatedaily.com/2013/08/decision-likely-to-spur-better-results-for-accident-victims/