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Contributory Negligence in a Slip and Fall Claim

In slip and fall cases, the person (or company) responsible for the property will nearly always hire an insurance adjuster to handle your claim. The insurance adjuster is paid to investigate and resolve your claim. Many injury victims are shocked to learn that the insurance adjuster is quick to blame the victim as the negligent one!  Yes, the adjuster differ blame by saying that the victim’s own negligence contributed to the accident! There is a very simple reason for this: blaming the victim often leads to abandoned claims or provides a justification to pay less for the harm caused. This kind of argument …

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Winning a Slip and Fall Injury Claim

Let’s face it, accidents happen. Injuries often occur due to an accident. When the accident was caused by someone or something outside of your control, you may have a legal claim to recover for your losses. In this post, we cover key issues regarding Liability. The first step and injury victim should be thinking about when considering an injury claim is whether or not a claim is viable. In order to advance a claim, the victim must be able to show that someone was at fault (responsible) for the injuries. That person is usually the property owner. When considering the question …

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Medical Marijuana Costs and Your Injury Claim

Past and future medical expenses in personal injury awards must be deemed ‘reasonably necessary’ to treat the injury. This means proving that there is a reasonable probability that the treatment will be necessary in the future to treat the injury. This also means establishing that past medical expenses were necessary to treat the injury. A plaintiff seeking to have the costs of their marijuana included in a settlement or award is required to demonstrate that it is a medically justified treatment. This means putting forward sufficient evidence to demonstrate that marijuana is required to treat accident-related injuries. Marijuana is being …

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Nova Scotia Public Service LTD: Final Appeal

Once the second appeal decision has been made, Manulife will provide a written decision to the claimant. If the decision reverses their prior decision to deny benefits – excellent, you will get your benefits! If not, you must then continue to the final appeal stage. The final appeal is with the Appeal Board run by the Nova Scotia Public Service Plan itself, rather than Manulife. You can consider the Appeal Board to be the last chance to obtain benefits because there is no right to sue for an unfair denial of benefits. Importantly, the appeal will only consider evidence that …

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Nova Scotia Public Service LTD: Second Appeal

Losing an appeal is never fun. In the case of the Nova Scotia Public Service Plan, your second appeal to Manulife is especially critical. Why? Because if you need to go to the Final Appeal stage to get disability benefits, you can only rely on evidence submitted in the appeals. This means that no new evidence can be brought to the Final Appeal stage if you don’t win this second appeal. Take full advantage of the second appeal opportunity in our to increase the likelihood of success at the second appeal stage, and to set yourself up for the best opportunity to …

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Nova Scotia Public Service LTD: First Appeal

The First Appeal under the Nova Scotia Public Service Long Term Disability Benefits Plan is assessed by the Claims Administrator, Manulife. If you are reading this, it is likely that you have received a letter from Manulife rejecting your claim or denying further benefits. The first appeal is generally needed for two reasons: The process is the name whether your benefits are cut off for either of the above reasons or some other reason. The goal is to provide new medical information to convenience Manulife to either accept or reactivate your claim. In short, it depends on why your claim was denied. …

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Nova Scotia Public Service LTD: Manulife Denial

Getting denied much needed long-term disability benefits is never good. Rather than getting hung up on the decision which you may think is wrong and unfair, channel your energy into working on the next step up the appeal process. In the case of a claim under the Nova Scotia Public Service Long Term Disability Benefits Plan, you will be making an appeal to the Plan office. The letter from Manulife will advise of your appeal rights. The letter states “you may appeal this decision by writing to the Board of Trustee within 30 days of the date of this letter”. The letter further advises …

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Nova Scotia Public Service LTD: Disability Payment

How much is your disability payment under the LTD plan? For claims arising from December 31, 2015, and on, the maximum bi-weekly disability payment for an employee covered by the Agreement is 70% of the employee’s normal salary. No more than $2,000 will be paid bi-weekly. Contributions under the Plan usually made by the employee are waived while that employee is receiving disability payment from the Plan. An adjustment for living costs may be considered from time to time by the Plan. Adjustments are made based on the Consumer Price Index for Canada. Benefit payments will end when the occurrence of …

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Nova Scotia Public Service LTD: Manulife

Manulife is the Claims Administrator chosen by the Nova Scotia Public Service LTD Plan Trustees to administer the policy. It is Manulife that will receive your application for Long Term Disability Benefits, assess your claim, advise whether or not your claim has been approved. Many companies turn to large insurance companies to provide the administration of their policies. The Administrative Services Only work for Long Term Disability Plans is a competitive market in Canada. Many insurance companies offer services to companies with their own plans. The value to the company (or Trustees in this case) is that they don’t have …

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Nova Scotia Public Service LTD: Your Rights

Plan benefits are owed to employees who meet the test for disability. The test for disability under the Nova Scotia Public Service Long Term Disability Plan changes based on the passage of time since the onset of the disability. There are two main time periods to bear in mind: own occupation and any occupation. Benefits are owed only for those who meet the test for disability, and only after the Elimination Period has been satisfied. The Elimination Period is a waiting time applied to your claim for disability benefits. Under the Nova Scotia Public Service Long Term Disability Plan. The plan text …