SABS Update—What Does This Mean For You!

Canadian Society of Medical Evaluators

301-250 Consumers Road

Toronto, ON M2J 4V6

Tel: 416 487 4040 | 888 672 9999

Fax: 416 495 8723

eMail: info@csme.org

Website: www.csme.org

This informative and highly topical day will be an excellent opportunity to network with your colleagues!

Canadian Society of Medical Evaluators ... presents

SABS Update—What Does

This Mean for You!

Thursday, March 6, 2014

at 7:30 am to 4:30 pm

Join us for this day-long medico legal program and gain insight as to how these new

changes will impact your patients and clients.

Novotel Toronto Centre

Champagne Meeting Room

45 The Esplanade, 2nd Floor

Toronto, ON M5E 1W2SABS Update—What Does This Mean For You!

Who Should Attend

This program will be of

interest to physicians,

psychologists, physiatrists,

physiotherapists,

psychologists, neurologists,

orthopedic surgeons,

chiropractors, occupational

therapists, lawyers,

insurance, claim officers and

other individuals in the

medico-legal community.

Thursday, March 6, 2014 at 7:30 am to 4:30 pm

Novotel Toronto Centre in the Champagne Room, 2nd Floor

45 The Esplanade ~ Toronto, ON M5E 1W2

SCHEDULE AT A GLANCE

7:30 Registration and Continental Breakfast

8:00 Welcome & Introduction

Morning Moderator: Ms. Evelyn ten Cate, Partner, Foster, Townsend, Graham & Associates

8:15 The MIG: Mr. Daniel Strigberger, Miller Thomson LLP

8:45 Income Replacement Benefits: Mr. Talaal Bond, Partner, Miller Thomson LLP

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CSME), you will reach

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particular audience.

Don’t miss your opportunity

to connect with colleagues,

contact our office 416 487

4040 | 888 672 9999 or by

email info@csme.org or

cramos@csme.org

9:15 Fraud Investigator Credentialing Update: Ms. Debbra MacDonald, C.I.I, C3 Investigations

10:00 Morning Networking Break

10:15 Insurer’s Examination Trends: Viivi Riis BScPT, MSc, Health Services Management

10:45 FSCO Appeal Process Report Implications: Mr. Willie Handler

11:15 Interactive Panel – all speakers with interaction from participants

12:00 Lunch

Afternoon Moderator: Mr. Talaal Bond, Partner, Miller Thomson LLP

1:00 The Top AB Cases: Mr. Christopher Whibbs, Associate, Brown & Partners LLP

1:45 Non-Earner Benefits: Mr. Eric K. Grossman, Partner, Zarek Taylor Grossman Hanrahan LLP

2:15 Life Care Planning—Standards of Practice



Evie Cowitz B.A., RRP, CCRC, CCLCP, CVP Director of Medical and Legal Services Arc

Health Management Solutions of Canada Inc. and



Dr. Michel Lacerte, MDCM, MSC, FRCPC, CCRC., Independent Claims Evaluators Inc.

2:45 Catastrophic Determination: What to do? Interactive Panel:

Panel Members:

 Mr. Larry Abey, Partner, Foster Townsend Graham & Associates

 Dr. Arthur Ameis, BSC MD FRCPC DESS FAPMR

 Mr. Eric K. Grossman, Partner Zarek Taylor Grossman Hanrahan LLP

 Dr. Michel Lacerte, MDCM, MSC, FRCPC, CCRC, Independent Claims Evaluators Inc.

 Dr. Sheldon Levy, BSC MD DESS, Cira Medical Services

4:00 Program Evaluation and Closing Remarks

CSME reserves the right to cancel or change speakers and/or program content and/or date without

prior notice and assumes no liability for these changes.SABS Update—Thursday, March 6, 2014

Talaal Bond, Partner Miller Thomson

Talaal Bond is a Partner in the Insurance

Group in our London office. He has

extensive experience in insurance litigation,

including motor vehicle claims, both

accident benefits and tort. In addition, he

has defended taverns in relation in liquor

licence related liability. He has handled

numerous occupiers' liability and property

claims as well as farm losses, including

feed toxicity and environmental crop losses.

Talaal prides himself on his straight forward

approach to finding solutions for his clients

in an efficient and cost-effective manner.

Talaal graduated with an Honours Bachelor

of Arts (Summa Cum Laude) in Psychology

from McMaster University in 1992, and an

Honours Bachelor of Science (Microbiology)

from the University of Guelph in 1995.

Talaal earned his LLB from the University of

Western Ontario in 1999. Talaal

participated in the Osgoode Hall Trial

Advocacy Program in 2005.

Since his call to the Ontario Bar in 2001, he

has been lead counsel at arbitrations,

mediations (FSCO and private) and jury

trials. He has argued several types of

motions, including summary judgment

motions and leave applications. He has

appeared at all levels of court in Ontario

including the Court of Appeal.

Meet the Speakers

Educated at York University (BA,

Psychology) and Sprott College/Carleton

University (Life Care Planning), Evelyn has a

wide range of professional affiliations,

including being a Canadian Certified

Rehabilitation Counsellor (CCRC), a

Vocational Rehabilitation Association -

Registered Rehabilitation Professional

(RRP) and an International Commission on

Health Care Certification - Canadian

Certified Life Care Planner (CCLCP).

Eric Grossman, Partner

Zarek Taylor Grossman Hanrahan LLP

Eric is a founding partner of this firm,

which opened in October 1997.

Eric was recognized as a Certified

Specialist in Civil Litigation by the Law

Society of Upper Canada in December

1999 and has been recognized by

Lexpert in the Canadian Legal Lexpert

Directory as a repeatedly recommended

expert in personal injury law. Prior to

starting this firm, Eric joined with David

Zarek and Gina Brannan to establish an

insurance department in the Toronto office

of Lafleur Brown in January 1992. Before

that he was an associate at Iacono, Brown

and its predecessor firm, Lyons, Goodman

following his call to the Bar in 1989. Eric’s

grounding in insurance commenced with

his articles at Lee Fireman Regan in 1987.

Eric's current insurance file profile

consists largely of first party claims

under Bill 198, Bill 59, and some

remaining files under Bill 164 and OMPP.

Eric also acts for insurers in a number of

loss transfer claims and priority disputes.

As the author of the CCH Ontario Accident

Benefits Case Summaries, Eric has

developed an expertise in this area of auto

insurance law which has been and

continues to be recognized by members of

the insurance bar, his clients, other

professionals that service the industry and

other insurers. Eric appears as counsel at

mediations, pre-arbitration hearings,

In her current role as Director of Medical

arbitrations and appeals before the

and Legal Services with Arc Health

Management Solutions of Canada Inc., she Financial Services Commission of Ontario

and on private arbitrations, and in the

is reponsible for life care plans and

critiques; catastrophic case management, courts.

specializing in orthopedic, brain injury,

spinal cord injury, medical malpractice and Willie Handler, Willie Handler and

Associates

motor vehicle accidents; and short and

Willie Handler is operating a consulting

long-term disabilities.

practice following 33 years in various

positions in the Ontario public service.

Her prior experience includes roles as

During that time Mr. Handler has become

Complex Care Specialist with GENEX

Ontario’s foremost expert on auto

Services of Canada, Inc., Manager, Legal

insurance having worked for 20 years on

Services Division, Sibley & Associates Inc.

auto insurance regulatory policy for the

and Senior Rehabilitiation Consultant,

Ontario government including 4 major

Associative Rehabilitation Inc.

Evie Cowitz B.A., RRP, CCRC, CCLCP, CVP

Director of Medical and Legal Services

Arc Health Management Solutions of

Canada Inc.

Evie Cowitz will draw on her extensive

experience and specialities in: i) Future

Care Cost Assessments/ Life Care Plans; ii)

Extensive Catastrophic Case Management;

iii) Vocational Case Management; iv) Short

and Long-Term Disability Case

Management and v) Expert Witness

Testimony.

reforms of the Ontario auto insurance

system.

From 1991 to 1993, Mr. Handler worked

on designing the no-fault accident benefits

schedule that was introduced in 1994

under Bill 164 by NDP government. That

reforms package introduced neutral

medical examinations, compensation for

economic losses including students,

comprehensive rehabilitation benefits and

the first tort deductibles in Canada for

pain and suffering awards.

Mr. Handler was the policy lead when the

Ontario auto insurance system was

reviewed form 1995 to 1996 by the

Conservative government. The reforms

that were introduced in 1996 restored

access to tort for economic losses for not

at-fault victims included a higher tier of no-

fault accident benefits for victims with

catastrophic injuries and introduced a

requirement that medical and

rehabilitation goods and services required

prior approval by insurers.

When the Ontario auto insurance system

underwent further reforms in 2003, Mr.

Handler was once again the policy lead for

the government. The reforms introduced by

Bill 198 included the adoption of

recommendations made by the Quebec

Task Force on Whiplash Associated

Disorders (WADs) with the introduction of

clinical practice guidelines for WAD injuries.

The Bill 198 reforms addressed some of

the cost pressures in the system by

increasing the tort deductibles for pain and

suffering awards, introducing maximum

fees for health care providers and requiring

prior approval by the insurer of all claimant

initiated assessments.

In 2008 the Financial Services Commission

of Ontario (FSCO) undertook the first

legislated review of the Ontario auto

insurance system as a result of a new

requirement introduced in 2003 under Bill

198. Mr. Handler conducted this review on

behalf of the Superintendent of Financial

Services. The Five Year Review Report was

completed in 2009 and introduced a

package of reforms to address fraudulent

and abusive practices in the auto

insurance system and provide consumers

with move choice regarding their insurance

coverage. These reforms included a scaled

-back no-fault accident benefits schedule,

an expanded clinical practice guideline to

cover all minor injuries, a reduced tier of

benefits for victims with minor injuries and

Knowledge and Expertise~Education~Standards~Advocacy~Referrals~Networking and CommunicationsSABS Update—Thursday, March 6, 2014

Meet the Speakers

caps on both insurer and claimant initiated owned third party medical assessment

companies. Dr. Levy remains a consultant

assessments.

to the new entity, Cira Medical Services.

Some of Mr. Handler’s more recent policy

work includes support to FSCO’s

Catastrophic Impairment Expert Panel, the Debbra Macdonald, President, CEO and

Privacy Officer at C3 Investigations Inc.

Minister of Finance’s Auto Insurance Anti-

Ms. Macdonald has over 30 years of

Fraud Task Force and Justice

experience in investigative services in the

Cunningham's Dispute Resolution System

civil, corporate and insurance areas. In

Review.

practical terms, she handles in-depth file

reviews and management, witness locates,

Earlier in his career Mr. Handler was an

statement taking and analysis. She

administrator at a rehabilitation facility in

specializes in background investigations

Toronto and worked on accident benefits

including organized fraud and staged

policy for the Workplace Safety Insurance

accidents along with clinic inspections,

Board.

misuse and abuse of medical coverage and

Mr. Handler did his undergraduate work at service providers. Ms. Macdonald has

the University of Toronto and has graduate served as a subject matter expert in

establishing training standards for Ontario

degrees from the Schulich School of

Business at York University in Toronto and private investigators. She is the seminar

director and committee chair for the

the Fox School of Business at Temple

Canadian Association of Special

University in Philadelphia, Pennsylvania.

Investigation Units (C.A.S.I.U.), which hosts

the largest annual Insurance fraud seminar

Dr. Sheldon Levy, BSC MD DESS

Cira Medical Services

in Canada.

Dr. Sheldon Levy graduated from the

Debbra has held the position of President

University of Western Ontario Medical

of the Council of Private Investigators in

School in 1991. Dr. Levy has been a

Ontario (C.P.I.O) and assisted the Ontario

member of the Medical-Legal Society of

government in the development of

Toronto, Canadian Society of Medical

regulation, certification and training

Evaluators, C-SAM (Canadian Society of

standards for Private Investigators. Ms.

Addiction Medicine), CMPA, CPSO and the

Macdonald currently holds the position of

OMA.

secretary to the Council of International

Dr. Levy practiced as a Clinical Associate in Investigators (C.I.I.). She is also currently

the chair of the National Fraud Consortium

Cardiovascular Surgery at both Sunnybrook

(NFC), an initiative of the Insurance

Health Sciences Centre and then St.

Institute of Canada aimed at developing

Michael’s Hospital. Dr. Levy has practiced

Fraud Investigator training and

Emergency Medicine since 1992 and has

credentialing. Ms. Macdonald released her

been certified in Advanced Cardiac,

first fictional novel in 2013 titled “The Cost

Advanced Pediatric and Advanced Trauma

of Innocence”, which was based on her

Life Support. Since 2004 Dr. Levy has been

licensed by Health Canada specifically with own investigative stories.

respect to Exemption to the Physician with

Respect to Methadone and has extensive

experience in the treatment of narcotic

addiction; as part of this practice, Dr. Levy

also counseled and treated concurrent

cocaine and benzodiazepine addictions, in

a patient population largely composed of

chronic pain. Additionally, Dr. Levy has

experience with the use of Botox for both

cosmetic and non-cosmetic purposes. Dr.

Levy has completed the Diploma Course at

the University of Montreal in Insurance

Medicine and Medico legal Expertise.

From 2003 to 2011 Dr. Levy owned and

served as the President and Medical

Director of Riverfront Medical Services, at

the time one of Canada’s largest privately

Viivi Riis BScPT, MSc, Injury Claims

Consultant, Health Service Management

Viivi is a physical therapist who practiced

for over 20 years in the field of post-

traumatic injury and pain rehabilitation.

She holds an appointment as lecturer in

the Department of Physical Therapy in the

Faculty of Medicine at U of T and has

completed a Master’s degree in

Rehabilitation Science.

Viivi has consulted extensively on auto

insurance injury claims policy for the past

15 years. She has worked with the

governments of Ontario, Alberta, Nova

Scotia and New Brunswick on matters

related to auto insurance regulatory

reforms. She was a member of FSCO’s

MIG Working Group in 2009 - 2010 and

was engaged in the development and

implementation of Alberta’s Diagnostic and

Treatment Protocol Regulation in 2003 to

2007. In 2011 she participated in the New

Brunswick task force on the definition of

minor injury and in 2013 participated in

implementation of Diagnostic and

Treatment Protocols in Nova Scotia.

Presently Viivi also sits on FSCO’s MIG

Guideline Expert Panel.

Viivi is recognized in Ontario and in Nova

Scotia as an expert in physical therapy and

rehabilitation matters and testified at a

constitutional challenge in the Nova Scotia

Supreme Court on a question of minor

injury. She is an independent consultant

with her own company called Health

Service Management and consults to

health professional associations, clinics,

and the insurance industry. With extensive

experience in the auto insurance

environment on both sides of the claims

process (health professionals and

insurers), Viivi wants to bridge the gap

between these two stakeholders to

promote better communication and

ultimately better health outcomes for their

mutual clients, the injure person.

Daniel Strigberger, Partner, Miller Thomson

Daniel Strigberger is a partner in the

Insurance Litigation Group in our Waterloo

office. His first experience with insurance

was at a Blackjack table, but today Daniel

provides litigation services to many of

Canada's leading property and casualty

insurers.

Early in his career, Daniel realised that

defending insurers in first and third party

claims kept him at the office for only 16

hours each day. So he decided to expand

and grow his practice by developing an

expertise in inter-company priority and

loss transfer disputes. He has

represented his clients in hundreds of

such disputes over the years. Drawing on

these experiences, Daniel travels around

Ontario giving educational and

entertaining seminars to clients about

disputes between insurers. He is also

hired to speak about these issues at

weddings and Bar Mitzvahs.

When he should be working on his files,

Daniel runs a Twitter feed, @InsuranzLaw,

broadcasting "tweets" about cases and

news stories dealing with insurance law

issues as they happen. Additionally,

Knowledge and Expertise~Education~Standards~Advocacy~Referrals~Networking and CommunicationsSABS Update—Thursday, March 6, 2014

Daniel is a frequent guest on 570 News

Radio, commenting about insurance legal

issues in the news and other exciting

topics, like preparing his taxes, going to

the dentist, and what he did that morning.

In 2012, Daniel was honoured by the

Waterloo Region Record as one of the

Region's Top 40 Under 40. The award

highlights residents under the age of 40

who have excelled in their careers and

demonstrated commitment to community

leadership. He plans to keep getting

nominated until someone realises that he

is really 57.

Christopher Whibbs, Associate

Brown & Partners LLP

Christopher completed his B.Com. at McGill

University in 2003 and his LL.B. at the

University of Ottawa in 2008. He articled

with a prominent Toronto litigation

boutique.

Christopher has made appearances at the

Financial Services Commission of Ontario,

the Ontario Superior Court of Justice, the

Ontario Divisional Court and the Ontario

Court of Appeal. His practice focuses on

acting on behalf of insurers in the defence

of tort and accident benefits claims;

representing insurers in priority disputes

and loss transfer matters. He has co-

authored papers that have been presented

at Ontario Bar Association and Canadian

Defence Lawyers seminars.

Christopher is a member of the Law Society

of Upper Canada, Advocates Society and

the Canadian Defence Lawyers Association.

Panel Members:

Larry Abey, Partner, Foster, Townsend,

Graham & Associates

Larry has been with the niche firm of Foster

Townsend Graham & Associates since

1990 when he began his career as an

articling student. He joined the partnership

in 2004. Larry advances every aspect of

each case with energy and confidence,

arriving at dynamic, successful solutions.

He is relentless in his quest to provide

clients with the absolute best in

representation, through the use of

mediation, arbitration or litigation. Larry is

currently a member of the Board of

Directors of the Canadian Society of

Medical Evaluators. He enjoys lecturing to

various organizations dealing with a variety

of insurance law topics of interest. Larry

Meet the Speakers

has appeared at various levels of the Court of life care planning for severely impaired

persons, Dr. Ameis is actively working on

in Ontario.

the development of protocols and expertise

pertaining to the application of

Larry received his Bachelor of Political

telemedicine technology to the special

Science (Honours) from the University of

needs of remotely situated medicolegal

Western Ontario and returned to his

hometown to earn his law degree from the patients. MDAC has recently joined the

Granite Global Solutions group of

University of Windsor. Prior to completing

companies, and will be providing member

his law degree, Larry worked as an

assistant to both a Federal and a Provincial companies with complex medical

assessment resources and expertise, and

Cabinet Minister. He also spent time

tele-medicolegal capabilities, in

working at the WSIB as a claims

cooperation with Sibley & Associates. As to

adjudicator.

recent publication activities Dr Ameis was

lead author/editor of Chapter 63 of the

Dr. Arthur Ameis, BSC MD FRCPC DESS

textbook Brain Injury Medicine – Principles

FAPMR

After taking an Honours BSC in Physiology & Practice (Zasler, Katz, Zafonte, Demos

2006) and co-author of an AMA Guides

and Psychology , Dr. Arthur Ameis

completed Medical training and Physiatric Newsletter article pertaining to estimation

of whole person impairment scoring for

Residency programs at the Faculty of

Medicine, University of Toronto. In addition psychological impairments (Sep-Oct 2007).

He authored a chapter on Amputations, for

to Fellowship in the Royal College of

the recently published The Oatley-McLeish

Physicians and Surgeons of Canada

Guide to Anatomy and Impairment (2009).

(FRCPC 1979) he holds US Medical

Specialty Board Certification as a

Dr. Michel Lacerte, MDCM, MSC, FRCPC,

Diplomate of the American Board of

CCRC., CSME Education Committee

Physical Medicine and Rehabilitation

Independent Claims Evaluators Inc.

(DABPMR 1981), and Fellowship in both

Dr. Lacerte, is a founding member of the

the American Academy of Physical

Medicine and Rehabilitation (FAAPMR) and Canadian Society of Medical Evaluators, is

the Physiatric Association of Spine, Sports a specialist in Physical Medicine and

and Occupational Rehabilitation (FPASSOR Rehabilitation certified bythe Royal College

of Physicians and Surgeons of Canada and

1998). He also holds US Sub-Specialty

Board Certification in Pain Medicine (2005) by the American Board of Physical

Medicine and Rehabilitation. He is an

and has been elected into Membership in

Associate Professor with the Department of

the American Academy of Pain Medicine

Physical Medicine & Rehabilitation at the

(AAPM 2000).

University of Western Ontario, Faculty of

Medicine and Dentistry; an Assistant

Dr. Ameis is on the teaching faculty of the

Director of the Insurance Medicine and

Canadian Institute of Life Care Planners,

Medico-legal Expertise Diploma Program at

and on the faculty of the Insurance

the Université de Montréal; former chair of

Medicine and Medicolegal Expertise

the American Academy of Physical

certification program of the University of

Medicine and Rehabilitation Pain

Montreal’s Faculty of Medicine; he is also

Rehabilitation Special Interest Group; and

currently enrolled as a Certificate student

in the latter. He currently serves as co-chair faculty member of the Canadian Institute of

of the Continuing Education Committee for Life Care Planning.

the MedicoLegal Society of Toronto; and on

the Executives of the Physiatry Section -

Ontario Medical Association, and Canadian

Society of Medical Evaluators.

Dr. Ameis is the Medical Director of the

Multi-Disciplinary Assessment Centre Inc.

(MDAC) in Toronto. MDAC provides

medicolegal assessment and advisory

services to both plaintiff and defense

counsel, and insurance clients, and also

carries out Life Care Planning and Plan

peer reviews. In addition to the

coordination of multispecialty evaluations

and causation analysis in complex

impairment cases, and on medical aspects

Knowledge and Expertise~Education~Standards~Advocacy~Referrals~Networking and CommunicationsREGISTRATION FORM: Register online at www.csme.org for immediate

confirmation

Complete one form per person and print clearly. Please make your cheque payable

to CSME and mail it with your registration form to 301-250 Consumers Road,

Toronto, ON M2J 4V6 or by fax to 416 495 8723.

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program.

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About CSME

The Canadian Society of

Medical Evaluators (CSME)

was founded in 1996 to serve

Canadian physicians and

other healthcare professionals

in performing medicolegal

evaluations that rely on

evidence-based medicine,

best medical practices and

professional practice

guidelines. Our members are

drawn from the healthcare and

legal professions and also

include members from the

case-management,

rehabilitation and insurance

industries.

Member have the opportunity

to contribute to the

development, advancement

and publication of ethical

standards and guidelines for

medical evaluators; to advise

and offer expert consultation

to the medical and other

professions, organizations,

and government agencies on

all matters concerning

independent medical

evaluations in Canada; and to

assist those hoping to locate

available clinicians with

suitable expertise.

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Canadian Society of Medical Evaluators

301-250 Consumers Road

Toronto, ON M2J 4V6

Tel: 416 487 4040 | 888 672 9999

Fax: 416 495 8723

eMail: info@csme.org

Website: www.csme.org

Knowledge and Expertise~Education~Standards~Advocacy~Referrals~Networking and Communications

Source:  http://www.csme.org/associations/13155/files/Brochure%20March%206_2014.pdf