Bodily Injury Fundamentals
|Dates:||January 28; January 29; January 30; January 31;|
|Lead Facilitator:||May Gibillini|
|Audience:||New & Current BI Adjusters; Current AB Adjusters; Legal professionals|
|Certification:||Fulfills the LSUC CPD req't for Substantive Hours|
|Location:||3601 Highway 7, Suite 400 Markham, Ontario L3R 0M3|
In this series of 5 workshops, participants are introduced to Bodily Injury claims through the relevant sections of the OAP, Insurance Act, Ontario Regulations, and leading case law. The workshops are taught according to adult learning principles to maximize retention and ensure on-the-job relevancy. Participants receive inHEALTH's comprehensive 2013 Bodily Injury Guide, participant worksheets, and a BI toolkit.
Session #1: Damages 1: Overview of Damage Claims January 28 9:00 AM
This workshop presents an overview of the heads of damage and statutory limitations to damages available under the OAP and the Insurance Act. Examination of key issues and principles from current case law.
- Finding the 'right' number
- Heads of damage
- Threshold (Meyer v. Bright)
- Tort deductibles
- FLA claims
- Expert evidence
- Protected v. unprotected defendants
Participants are guided through Ch. 5 of inHEALTH's 2013 Bodily Injury Guide, case studies, and scenario-based testing.
Session #2: Damages 2: Determining Quantum January 29 9:00 AM
In this workshop, participants learn how to investigate and calculate quantum for tort claims. Topics include:
- Establishing pre- and post-accident condition
- Real and substantial risk for past and future income loss
- Calculating past and future income
- Loss of competitive advantage
- Health care expenses
- Collateral deductions and the interaction with the AB policy
- 'Thin skull' vs. 'crumbling skull'
- Psychological injury
- Global claims
Participants are guided through Ch. 6 of inHEALTH's 2013 Bodily Injury Guide, case studies, and scenario-based testing.
Session #3: Theory of Defence January 30 9:00 AM
This workshop examines different defences against tort claims, when and in what circumstances they are best applicable.
- Policy conditions, exclusions, and limitations through current case law
- Coverage defences
- Contributory negligence
- Seatbelt defence
- Threshold defence
- Mitigating damages
- Limitaiton periods
- Host liability
- Volenti defence
Participants are guided through Ch.7 of inHEALTH's 2013 Bodily Injury Guide, case studies using inHEALTH's BI Assessment and Negotiation tool, and scenario-based tests.
Session #4: Interpreting Medical Reports and Evaluating Claims January 31 9:00 AM
In the 5th and final workshop, participants learn how to read and understand medical reports, the process of tort litigation, and how to deal with challenging common injuries.
Topics for this workshop include
- Excess medical payments
- Strategies to get to the right diagnosis and prognosis
- Flagging high exposure injury claims
- Expert reports and the role of the medical expert
- Classifying disabilities
- Chronic pain, depression, PTSD
- Minor brain injuries and concussions
- BI litigation
- Rule 49 offers
- Negotiation strategies
Participants are guided through Ch.'s 8-10 of inHEALTH's 2013 Bodily Injury Guide, case studies, and scenario-based testing.