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 Volume. 7 Issue. 8 – March 8, 2023


Read this week’s edition to appreciate the implications when a Personal Support Worker (PSW) provided Attendant Care (ACB) to an injured party, while simultaneously presenting herself as disabled collecting Income Replacement Benefits (IRB) and requiring ACB herself.



LAT Update – What Difference Did A Year Make?

The LAT released Performance Stats up to mid-year 7 which is current through to the end of September 2022. Together with the LAT’s last update we can now provide a comparison of year over year, with projections through to the end of year 7 in this annual update. What difference did a year make?

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Providing and Receiving ACB Simultaneously Costly for Applicant

Caught In a Tangled Web – Injured in a September 2016 MVA, the Applicant Ravilotchanan, in 21-003421 v Allstate, received a total of $41,597 in benefits from Allstate. This consisted of $23,600 for IRB, $5971 ACB and $12,026 in medical benefits. All the while simultaneously, and not coincidentally, Ravilotchanan was alleged to have been providing ACB to an injured party, by way of an accident benefit claim with Wawanesa.

Wawanesa provided a statutory declaration executed by Ravilotchanan, confirming that she had been providing ACB to a Wawanesa customer through a clinic called North Agincourt Healthcare. As a result of this information Allstate filed an application with the Tribunal, seeking repayment by Ravilotchanan of all benefits they had paid.

The Tribunal noted that Ravilotchanan had in fact signed a document, essentially admitting to all of the activities that Allstate was relying upon to justify repayment. However, before the Tribunal, Ravilotchanan testified that despite affirming the truth of said document, she now denied ever having received payments, nor was she involved, for any services alleged to Wawanesa’s customer. The Tribunal found that the evidence of Ravilotchanan “boils down to an admission that she lied in a formal declaration and that admissions made on her behalf are not true, but I should believe her now, my assessment of the respondent’s credibility is key. I do not believe her now.”

Concurrently, Wawanesa had brought suit against North Agincourt, seeking in excess of $134,000 in ACB that they had billed for services in providing ACB for their customer, that they alleged had never in fact been provided.

Despite seemingly being intrinsically involved in preparing the documents for ACB initially accepted by Wawanesa, Ravilotchanan changed course, suggesting now that she was not involved in the apparently fraudulent documentation, and had “received only approximately $5000 in fees for the patient”. Ultimately, the litigation ended in June 2022, with North Agincourt paying Wawanesa the sum of $45,000 to resolve the matter.

At the LAT hearing, Ravilotchanan’s evidence “boils down to the proposition that she was duped by Umesh Ponnampalam”, proprietor of North Agincourt. She described a couple of instances wherein she was taken by Ponnampalam to different lawyers, one being to sign the statutory declaration, as well as numerous timesheets, although she denies that it was her signature on some. The Tribunal was not prepared to accept that Ravilotchanan would have signed the declaration as well as approximately 18 timesheets without reading them. The second instance involved her signing documentation required in order to finalize the resolution of the litigation with Wawanesa and North Agincourt.

Ultimately, the Tribunal found that Ravilotchanan’s “version of events varies to suit the circumstances. I have no confidence in the truth of any of the evidence she gave at the hearing. Rather, in my view, the evidence discloses that she worked with North Agincourt during the time when she was receiving an income replacement benefit from Allstate. The extent of that work is not clear. It seems that she and North Agincourt entered into a scheme to get money from Wawanesa, but that scheme would not be successful without a kernel of truth, that is, that the respondent did provide some services to T.R.”

Further, the Tribunal was not prepared to accept her evidence as to the bahaviour of the two lawyers she met with Ponnampalam. This would have required the Tribunal “to accept that the two members of the bar involved in this matter abrogated their professional responsibility to her, the one asking her to sign a statutory declaration without going over the document with her and asking her if it was true, the other representing her in litigation without ever conferring with his client.”

It was determined that “the admissions she made in the pleadings in the Wawanesa litigation are closest to the truth. She did act as a subcontractor for North Agincourt in providing PSW services to T.R., she was paid, although the amount is far from clear, and these services were provided during a period when she was receiving an income replacement benefit and an attendant care benefit from Allstate.” While noting that a work return is specifically provided for in s.11 of the Schedule, with Ravilotchanan having failed to adduce any evidence to suggest her estimation of only earning $5K to be accurate, the Tribunal found that she had “wilfully or fraudulently misrepresented her ability to earn an income and failed to notify Allstate that she had returned to work. She is liable to repay the full amount of $23,600 paid to her as income replacement benefit.”

With respect to ACB, she had further managed to convince an OT of her need. She was found to have “feigned her need and did not require attendant care services but did avail herself of them when provided”, with the entirety of the ACB being payable to Allstate.

With respect to medical however, the only “taint” on entitlement to the medical benefits was the fact that Ponnampalam (of North Agincourt) was the owner of the clinic that treated Ravilotchanan. This however, was “insufficient for me to determine that a host of healthcare practitioners both at Medcore and elsewhere were somehow duped into recommending unneeded treatment for the respondent.” Therefore, Allstate was not entitled to repayment of the medical benefits.



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Archive of LAT Updates

April 15, 2024: Demands of Child-birth Pre-Existing Condition?

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April 22, 2024: Records Alone Do Not Warrant MIG Removal on Pre-Existing

MIG

April 15, 2024: Demands of Child-birth Pre-Existing Condition?

MIG

April 10, 2024: Court Upholds Tribunal Decision That a MIG Removal is a Complete MIG Removal

Divisional Court, MIG

April 8, 2024: Psychiatric Diagnosis Prevails over Psychological Opinion

MIG

April 3, 2024: Court Sends Matter Back to Tribunal Concerning “Accident”

Definition Accident, Divisional Court

April 1, 2024: Ortho Opinion Prevails on Origins of a Fracture

MIG

March 27, 2024: Supreme Court Takes Issue with Tribunal, Divisional Court & Court of Appeal

Limitation Period, Reconsideration, Supreme Court

March 25, 2024: Expert’s Conclusory Statement Insufficient on Pre-existing Condition

MIG

March 20, 2024: Non-Compliance by Both Parties Impacts IRB and Medical Claims

IRB

March 18, 2024: No Weight Afforded to Handwritten Illegible CNR’s

MIG

March 13, 2024: Denials Deficient and Pain Relief Validates Treatment Plans

Treatment Plans

March 11, 2024: “Radicular Irritation” & MRI Findings Not MVA Related

MIG

March 6, 2024: Tribunal Upholds Decision Excluding Improperly Secured IEs From the Evidence

Evidence, IE, Reconsideration

March 4, 2024: Concussion and Chronic Pain Diagnoses Require Expertise

MIG

February 28, 2024: Prior Health Concerns Complicate Claim for CAT

CAT

February 26, 2024: Unchallenged Virtual Chronic Pain Assessment Accepted

MIG

February 21, 2024: Consent by Parties for Adjournment Not Determinative

Adjournment, Procedure

February 14, 2024: Tribunal Does Not Accept the CAT Findings of Either Party

CAT

February 12, 2024: MIG Escape on Concussion Diagnosis Despite Resolution of Symptoms

MIG

February 7, 2024: Financial Hardship Not A Defense for Repayment Responsibility

IRB

February 5, 2024: CT Scan of Wrist Fracture Contradicts Medical Opinion

MIG

January 29, 2024: Concussion Despite No Head Injury?

MIG

January 24, 2024: One Assessment Process Produces Two Discrete Reports

CAT, Productions

January 22, 2024: Defective Notices Do Not Trigger Limitation

MIG

January 17, 2024: Election Not Required, LAT Act Invoked & Limits Exhausted?

Award, Limitation Period

January 15, 2024: Chronic Pain Diagnosis Contradicted by Self-Reports

MIG

January 10, 2024: NEB Reinstated After Six Years Generates Award

Award, NEB

January 8, 2024: Undisputed Psychological Diagnosis Prevails

MIG

January 3, 2024: Significant & Competing Price of Non-Compliance for Both Parties

Non-Compliance

December 20, 2023 (Throwback Edition): Statutory Relief Within Tribunal’s Jurisdiction

Jurisdiction

December 18, 2023: ‘Incident’ of Viewing Video Not Use and Operation

MIG

December 13, 2023 (Throwback Edition): Employed Applicant Remains Entitled to Post 104 IRB

IRB

December 11, 2023: Chronic Pain Diagnosis In Absence of Physical Exam?

MIG

December 6, 2023: Four Marked Impairments for 2010 MVA

CAT

December 4, 2023: No Adverse Inference Drawn Despite Lack of pre MVA CNRs

MIG

November 29, 2023 (THROWBACK EDITION): 18 Month Delayed Notice Reasonable, However 7 Month Delay is Not

Limitation Period

November 27, 2023: Confirmed High Bar to Escape MIG on Pre-Existing

MIG

November 22, 2023: Multiple IEs Excluded From Evidence

IE, Evidence

November 20, 2023: Radiculopathy Complaint Requires a Diagnosis

MIG

November 15, 2023: Court Applies Tomec & CAT Decision Varied

CAT, Limitation Period

November 13, 2023: Insurer Expert Conclusion Inconsistent with Findings

MIG

November 8, 2023: Maximum Award in Excess of $60K on CAT Case

CAT

November 6, 2023: Medical Evidence Overrides Legal Referrals

MIG

November 1, 2023: Eighteen Month Delayed Notice Reasonable However Seven Month Delay is Not

Limitation Period

October 30, 2023: Which MVA Exacerbated Injuries?

MIG

October 25, 2023: Application Seeking CAT Determination an Abuse of Process

CAT

October 23, 2023: Functional Disability Despite 50 Hour Work Week

MIG

October 18, 2023: Statutory Relief Renders Equitable Remedy Moot

Div Court

October 16, 2023: Injuries Not Static - MIG Determined Again

MIG

October 11, 2023: CERB is Income However Not “Gross Employment Income”

IRB

October 4, 2023: Employed Applicant Remains Entitled to Post 104 IRB

IRB

October 2, 2023: ‘IE’ Does Not Establish Causation

MIG

September 27, 2023: Post June 1 CAT Criterion 8 Satisfied

CAT

September 25, 2023: Chronic Pain Distinct from Recurring Pain

MIG

September 20, 2023: Expert Opinion Not Required for IRB Entitlement

IRB

September 18, 2023: Inconsistency Argument Not Accepted

MIG

September 13, 2023: IRB Payment Delayed Four Years – 20% Award

Award, IRB

September 11, 2023: MIG Determined Absent Applicants Written Submissions

MIG

August 30, 2023: Pain Determinative in Successful Post June 1 CAT Case

CAT

August 28, 2023: Knee Injury from MVA Caused Slip and Fall & ACL Tear?

MIG

August 23, 2023: WSIB Placement Qualifies for IRB

IRB

August 21, 2023: Absence of Applicant’s Medicals A Difference Maker

MIG

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