Let’s Talk Fees with Karen Vigmond

Join us April 19th at 1:00 PM for a live, virtual discussion with Karen Vigmond, Partner at Oatley Vigmond LLP.

We will be discussing some hot topic issues like:

• social work rates
• indirect treatment time
• provider fees
• protected accounts
• attendant care
• as well as any other questions attendees would like to ask.

This event is open to all health service providers (regulated and unregulated) providing rehab therapy within the auto insurance sector.

Click the button to register today!

Happy World Health Day
April 7th

Shout-out to the Government of Canada for Bill C-22!

Now at the Senate for consideration and public consultation this legislation will create the Canada Disability Benefit to reduce poverty and provide financial security for persons with disabilities by establishing the Canada Disability Benefit. This is very much needed. We laud the Act’s intention and urge the Senators to amend the current version to ensure that it will benefit persons with disabilities living in poverty and not insurance companies with soaring profits. The ORA will be adding our voice to those calling for some key amendments.

Laurie Davis
Executive Director
She/her/hers

Springing Into Action

Showcasing Events on the Horizon

Ontario Budget

Dear colleagues,

What Ontario’s 2023 Budget released yesterday has to say about auto insurance is mostly that the government might have more to say at some future date. In the meantime, it’s a déjà vu situation.

We see (once again) that “the current mandatory insurance product may not offer the choices Ontario drivers deserve. This is why the government intends to propose changes that over time would provide consumers with more options when purchasing automobile insurance.” This may be the third time we’ve seen this or similar language in the budget. Not that we’re in a hurry to see vital accident benefits go into a ‘choose your own adventure’ optional benefits bucket but it would be nice to know what exactly is being considered and if it’s in the cards for the foreseeable future.

And for some déjà vu on steroids we see this old chestnut:  “Fraud is a major driver of costs in the auto insurance system.”  

There is, actually, no data to support this claim. There is lots of data on rising costs (car parts and labour for starters) but there is no comparable data on fraud. But governments (this one, and the previous one) have become habituated to repeating this insurers’ line. How else to justify the unholy trinity of delay, deny and dispute and the maintenance of an expensive regulatory regime (FSRA) put in place to mitigate fraud?

We will as always follow developments and keep you posted as any proposed changes begin to see the light of day.

With thanks,

Laurie Davis
Executive Director

Interested in hearing a lawyer’s take on hot topics in the MVA world, join us on April 19 @ 1pm for our virtual, Q&A event Ask A Lawyer.  Open to all. 

Dear members/colleagues,

We’ll be springing into action with answers to your questions and discussion of the hot topics of the day. Whether it be government changes to auto insurance, PSG rates, attendant care or whatever else you’d like to raise, join us!

Date:    Wednesday, April 19, 2023
Time:   1 PM
Event:  Live Virtual Q & A via Zoom

Speaker:  Karen Vigmond, Partner, Oatley Vigmond LLP

About the Speaker:

Karen joined Oatley Vigmond in 2013 as an associate lawyer. She holds a BA from Queen’s University and her Juris Doctor from Bond University in Australia. Prior to being called to the Bar in January 2013, Karen articled at a well-known personal injury law firm in Toronto.

Karen is committed to assisting personal injury victims and their loved ones achieve the best possible outcomes. Her practice focuses solely on personal injury law, including accident benefits, motor vehicle accidents, medical malpractice and occupiers’ liability cases.

Cost: 

Non-members – $50.00
Members – $25.00

If you are part of a member organization, reach out to your admins to receive the membership discount code.

Events Calendar

Our Fees Are In The News!

Dear members/colleagues,

Finally – our fees are in the news!

Last week I spoke with Globe & Mail reporter Chris Hannay and his article is in today’s paper.  He also spoke with physio clinics owner Anthony Grande, the Insurance Bureau of Canada  and FSRA.

When asked about my comment that our fees had been “hermetically sealed since 2014” in FSRA’s Professional Services Guideline,  FSRA’s spokesperson said that the Guideline did not prevent insurers from paying more than the stated minimums.

The piece outlined and attributed my point that while individual adjusters may agree on a case-by-case basis to pay out a fee that is higher than the guideline, by and large it is in the nature of insurance companies to reimburse based on the minimum they are allowed to pay.

And I was directly quoted saying:

“It doesn’t prevent them from paying more. Well, right, it doesn’t prevent them giving all their money away to the poor either but they don’t do it”. 

I think it is an excellent article. Mr. Hannay does a great job of covering the big and small picture aspects of this issue.  I encourage you to read and share. If you are a subscriber here’s the link. If you are not a subscriber and wish to access this article, you can purchase access to today’s paper here.

Events Calendar

Money Talks & Care Counts: Advocacy Update

While we continue to await an announcement, all indicators point to a ‘Care-Not-Cash’ policy shift inspired by David Marshall’s 2022 Time for a Tune Up report.

We met recently with the Ministry of Finance’s Auto Insurance policy lead. We spoke about the access to care impact of low provider rates when experienced clinicians leave the sector.  We talked about the increasing administrative burden on providers and the impacts on care with dispute and conflict creating unnecessary obstacles to treatment, and the alignment often in place between provider and claimant concerns. When asked “what one thing” we’d suggest to improve the sector, our ‘blue sky’ was one with fewer buckets, where injuries needn’t be categorized so soon post-injury so that consumers could access more timely, and therefore more effective, care. This met with a response that indicates that care-not-cash is top of mind at the Ministry. While we didn’t glean anything more ‘what and when’ specific we were assured that there would be a consultation process prior to implementation.

Meanwhile at FSRA the multi-stakeholder Technical Advisory Committee has been asked to consider the Time for a Tune Up report and expect it to be discussed at an upcoming meeting.

Laurie Davis
Executive Director

Opportunities to Collaborate, Participate & Learn