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Our Paralegals  Helen Valentine, Licensed Paralegal This e-mail address is being protected from spambots, you need JavaScript enabled to view it Mobile: 613.298.6667 For the past 24 years Helen has worked in the legal field and has continued her education during her employment as a Law Clerk. She obtained her Paralegal Licence in 2008. She has worked for both Plaintiff and Defence counsel and the last number of years has worked exclusively for Plaintiff’s counsel. She has in that time assisted injury victims in securing accident benefits to which they are entitled to under the Statutory Accident Benefit Schedule. These benefits are specifically set out in the attached link on Statutory Accident Benefits. Since 2003 Helen has assisted injury victims with understanding and completing the various insurance forms which are required in order to apply for accident benefits. To download any form, visit the FSCO website.) She has filed Mediation briefs with the Financial Services Commission of Ontario (FSCO) and has assisted with the resolution of statutory accident benefits disputes. Helen continues to build on her professional career and is currently enrolled in the CIP program with the Insurance Institute of Canada and will obtain her CIP designation in the near future. Topics related to Accident Benefits The 2005 decision of Desbesiens vs Mordini stood for the proposition that in order to determine catastrophic impairment on the basis of a 55% whole body impairment (“WBI”), a Court could consider a combination of the pre-existing injuries of injury victims combined with both the psychological and psychiatric and physical injuries or conditions of the said victim. Recent caselaw in the Superior Court of Ontario in Kunierz vs Economical Mutual Insurance Co. (2011) has cast doubt on that. In that decision the Court found that you could not combine psychological/psychiatric conditions with physical conditions under the American AMA 4th Edition Guidelines upon which the 55% WBI assessment is based We are watching to determine what the Court of Appeal does with this issue and will keep posting developments as they occur with this case. |