“Frankly Scarlett, We Should Talk”

 Why the MIG Arbitration Should Concern Us

Alexander Voudouris and Eva Campbell will explain and
discuss from their different perspectives, the decision
on his appeal of Scarlett and Belair. Nadia Perruzza
will identify the pitfalls to avoid when documenting the
needs of the seriously injured. sweeping changes to the Statutory Accident Benefits
Schedule. The changes have dramatically reduced the
accident benefits available to motor vehicle accident
victims and have correspondingly resulted in dramatic
increases to insurance company profits.

On November 28, a Delegate in the Office of the Director
of Arbitrations with Ontario’s auto insurance regulator
rescinded a decision made earlier this year related to the
Minor Injury Guideline in the accident benefits legislation,
and ordered a new arbitration hearing. This recent appeal
decison has profound implications for claimants, providers
and insurers. The decision at issue involved Lenworth Scarlett and
Belair Insurance Company Inc. In it, Arbitrator John
Wilson forcefully sided with Scarlett, the Applicant,
in finding his injuries did not fall within the Minor Injury
Guideline and thus allowed him to claim up to $50,000
in medical and rehabilitation benefits rather than the
paltry $3,500 limit that would otherwise apply. As
Scarlett’s matter did not fall under the Minor Injury
Guideline, he could also claim attendant-care benefits.
This decision has now been rescinded but remains
under appeal to the Provincial Court of Ontario.
The case represented the first arbitral or judicial decision
considering the definition and applicability of the Minor
Injury Guideline. It came more than two years after the
introduction of the Minor Injury Guideline along with
 sweeping changes to the Statutory Accident Benefits
Schedule. The changes have dramatically reduced the
accident benefits available to motor vehicle accident
victims and have correspondingly resulted in dramatic
increases to insurance company profits.

 The decision at issue involved Lenworth Scarlett and
Belair Insurance Company Inc. In it, Arbitrator John
Wilson forcefully sided with Scarlett, the Applicant,
in finding his injuries did not fall within the Minor Injury
Guideline and thus allowed him to claim up to $50,000
in medical and rehabilitation benefits rather than the
paltry $3,500 limit that would otherwise apply. As
Scarlett’s matter did not fall under the Minor Injury
Guideline, he could also claim attendant-care benefits.
This decision has now been rescinded but remains
under appeal to the Provincial Court of Ontario.

 Source: http://www.fairassociation.ca/wp-content/uploads/2014/02/Frankly-Scarlett-We-Should-Talk-March-31-2014.pdf