Future CPP Benefits and ICBC UMP Deductions
Last year an arbitration award was released addressing the deduction of future CPP benefits from an ICBC UMP Claim.
In last year’s case (ME v. ICBC) the 32 year old Claimant was severely injured in a 1997 motor vehicle collision. She suffered serious brain trauma and as a result “was left functioning at a Grade 7 level in terms of her academics“. Despite her long term injury the “very ambitious” claimant re-entered the workforce and by the time of her arbitration she had secured full time employment. Prior to this the Claimant had received CPP benefits totally$78,542.94. These benefits were terminated with the Plaintiff’s return to work. It was agreed that ICBC could deduct this prior to paying out on the Claimant’s UMP Claim.
The parties could not agree as to how much more ICBC could deduct given the possibility of future CPP payments. ICBC argued that the present day value of future CPP benefits should deducted, namely $135,652. Arbitrator Boskovich found that while such a deduction would be unreasonable a modest deduction should apply to address the reality that the Plaintiff may at some point in the future receive CPP benefits. Arbitrator Boskovitch reduced ICBC’s UMP payment by just over $20,000 to take this risk into account. In doing so the following reasons were provided:
102. I agree with Counsel that the standard of proof to be applied to future hypothetical events is simple probability and not the balance of probabilities. That being said it remains that the probability, possibility or chance that a future event may occur, in this case the Claimant applying for and receiving CPP disability benefits in relation to her accident injuries, must be a real and substantial one.
103. In addressing whether or not there is a real and substantial possibility of the Claimant receiving CPP disability benefits in the future one has to consider the relative likelihood of both positive and negative contingencies that might affect the Claimant’s ability to work and the anticipated course with respect to her accident injuries/disabilities…
116. It has been 13 years since the accident. 2010 will be the first full year of employment the Claimant has maintained since the accident. To assume the Claimant’s accident injuries, in particular, her very serious brain injury and deficits are going to have no impact on her ability to work to age 65 is unreasonable.
117. However, it does not automatically mean that the impact translates into a real and substantial risk that the Claimant will face a severe and prolonged mental or physical disability such that she is not substantially gainfully employable as defined in the CPP Legislation.
118. That is not to say there is no risk whatsoever. I cannot ignore the concerns outlined by the Claimant’s Mother. As well, I cannot ignore the evidence of Dr. LeBlanc. It may be difficult for the Claimant to find jobs over the course of her working life. Such jobs must have structured routine, few distractions and no multi-tasking. Her cognitive issues may be aggravated in unfamiliar and stressful situations.
119. Having regard to all of the evidence, I believe there is a 15% chance or possibility that the Claimant will apply for and receive disability benefits from CPP in connection with her accident injuries.
120. The parties agree that the present day value of the CPP disability payments to the Claimant’s age 65 is $135,652.00 and, in this regard, the appropriate contingency deduction to be made pursuant to Regulation 148.1(1)(f) is $20,347.80
For more on this topic you can click here to read my summary of the 2008 UMP Arbitration Award in SPW v. ICBC.
Arbitrator Boskovich, bc injury law, ME v. ICBC, Section 148.1 Insurance (Vehicle) Regulation, UMP Deductions
I simply want to tell you that I am very new to blogs and seriously loved this website. More than likely I’m going to bookmark your site . You definitely have wonderful article content. Appreciate it for sharing your blog.
Heya i am for the first time here. I came across this board and I find It truly useful & it helped me out a lot. I hope to give something back and help others like you aided me.
I have been checking out many of your posts and i must say pretty clever stuff. I will surely bookmark your website.
venta por catalogo
Great site you have here but I was curious if you knew of any message boards that cover the same topics discussed in this article? I’d really like to be a part of community where I can get comments from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thanks a lot!
You really make it seem so easy with your presentation but I find this matter to be really something which I think I would never understand. It seems too complicated and very broad for me. I’m looking forward for your next post, I will try to get the hang of it!
fantastic publish, very informative. I’m wondering why the opposite specialists of this sector do not notice this. You must continue your writing. I’m confident, you have a great readers’ base already!
situs poker online
Can I just say what a reduction to seek out someone who really is aware of what theyre speaking about on the internet. You definitely know the best way to convey an issue to gentle and make it important. Extra people must read this and understand this aspect of the story. I cant believe youre no more widespread since you undoubtedly have the gift.
agen poker online
I like what you guys are up too. Such clever work and reporting! Carry on the superb works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my site 🙂
situs poker online
You made some clear points there. I looked on the internet for the topic and found most people will go along with with your website.
Thank you a bunch for sharing this with all people you actually understand what you are talking about! Bookmarked. Please additionally visit my site =). We will have a link alternate arrangement among us!
Hi would you mind letting me know which web host you’re using? I’ve loaded your blog in 3 different browsers and I must say this blog loads a lot quicker then most. Can you suggest a good internet hosting provider at a fair price? Thank you, I appreciate it!
I like this post, enjoyed this one regards for posting .
This website online can be a stroll-by means of for all the information you needed about this and didn’t know who to ask. Glimpse here, and also you’ll positively discover it.
затворы sung do
Enjoyed looking through this, very good stuff, thankyou . “What the United States does best is to understand itself. What it does worst is understand others.” by Carlos Fuentes.
Social Media Marketing Wien
Online Marketing Wien
Hello. Great job. I did not imagine this. This is a great story. Thanks!
I really appreciate this post. I have been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thank you again!
I’ve been exploring for a little bit for any high quality articles or blog posts on this sort of area . Exploring in Yahoo I at last stumbled upon this website. Reading this info So i’m happy to convey that I’ve a very good uncanny feeling I discovered just what I needed. I most certainly will make certain to don’t forget this website and give it a glance on a constant basis.
lifeguard courses near me
I will immediately grab your rss as I can not find your e-mail subscription link or e-newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.
hello!,I love your writing very a lot! percentage we keep in touch more approximately your article on AOL? I need a specialist on this house to solve my problem. Maybe that is you! Looking forward to look you.
I have recently started a site, the info you offer on this site has helped me tremendously. Thank you for all of your time & work. “Never trust anybody who says ‘trust me.’ Except just this once, of course. – from Steel Beach” by John Varley.
You are my aspiration , I have few web logs and very sporadically run out from to brand.
websites to watch game of thrones free
Hello my friend! I want to say that this article is awesome, nice written and include approximately all important infos. I’d like to see more posts like this.
You can certainly see your skills within the paintings you write. The world hopes for more passionate writers such as you who aren’t afraid to mention how they believe. All the time go after your heart.
Appreciate it for helping out, superb information. “A man will fight harder for his interests than for his rights.” by Napoleon Bonaparte.
Heya i’m for the first time here. I found this board and I find It really useful & it helped me out much. I hope to give something back and aid others like you aided me.
Opiekunki Osob Starszych
Very nice design and style and excellent articles , nothing else we need : D.
I think this is one of the most important information for me. And i’m glad reading your article. But wanna remark on few general things, The web site style is great, the articles is really great : D. Good job, cheers
I truly appreciate this post. I have been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thank you again
Just wanna say that this is extremely helpful, Thanks for taking your time to write this.
I needed to put you the little bit of note to finally thank you so much again considering the nice tips you’ve shown here. This has been certainly surprisingly generous with people like you to allow easily precisely what a number of us might have offered as an e book in making some cash for themselves, mostly since you could have tried it if you ever considered necessary. These good ideas as well worked to become easy way to be certain that other people online have a similar interest just like my own to grasp a lot more on the subject of this issue. Certainly there are several more pleasant opportunities up front for many who discover your website.
Useful info. Fortunate me I found your website accidentally, and I am stunned why this coincidence did not took place earlier! I bookmarked it.
It is really a great and useful piece of information. I am glad that you shared this helpful information with us. Please keep us up to date like this. Thanks for sharing.
Heya i am for the first time here. I found this board and I find It truly useful & it helped me out much. I hope to give something back and aid others like you aided me.
Pozycjonowanie Cennika Gorzow Wielkopolski
Thanks for sharing superb informations. Your web-site is very cool. I am impressed by the details that you have on this site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my pal, ROCK! I found simply the info I already searched everywhere and simply couldn’t come across. What a perfect site.
I have been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all webmasters and bloggers made good content as you did, the internet will be a lot more useful than ever before.
Attractive section of content. I just stumbled upon your weblog and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I will be subscribing to your augment and even I achievement you access consistently fast.
I want to voice my admiration for your generosity for persons that absolutely need help on that theme. Your personal commitment to getting the solution along became surprisingly advantageous and has all the time permitted some individuals much like me to achieve their desired goals. Your amazing important instruction denotes so much to me and somewhat more to my office workers. Many thanks; from each one of us.
Hello my family member! I wish to say that this article is amazing, great written and come with almost all vital infos. I would like to see extra posts like this.
Hey this is kind of of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get guidance from someone with experience. Any help would be enormously appreciated!
I want to express my gratitude for your kindness giving support to women who need help on your theme. Your very own dedication to passing the message all around had become quite helpful and have consistently made some individuals much like me to arrive at their ambitions. Your amazing useful instruction can mean much a person like me and additionally to my peers. Thank you; from everyone of us.
Comments are closed.