About Attendant Care: With Martha Binstock B.Sc.P.T. CLCP of REHABilitation Planning Inc.

Posted November 1, 2009

This is a continuation of the article published in the November 2008 Accident Benefits Reporter entitled Part 1: History of the Form 1 (SABS) – Bill 164. In response I received several enquires and am developing a list of topics to discuss, with legal input, in subsequent articles, after I have completed the History of the Form 1 series.

In keeping with the theme of this issue being “survivors”, the highlighting of attendant care as an important topic takes into account the importance of family members in the recovery process for our clients. Acknowledging that an injury to a family member affect everyone involved.

Part 2: HISTORY OF THE FORM 1 (SABS) – Bill 59

November 1, 1996, Bill 59 came into effect and while there were many changes, the need to use the Form 1 to express attendant care remained consistent. There was no longer a maximum of $10,000, only $3,000 for noncat cases and $6,000 for cat cases. There was an overall limit of $1,000,000.

The Form 1 itself did not change from the Bill 164 Form,
however the values in Part 1, 2 and 3 did change. They were: Part 1: $9.00 | Part 2: $7.00 | Part 3: $15.00

These were also subject to indexation. The FSCO website under Property and Casual – Auto Bulletins. A-07/07: 2008 Indexation Percentage under Bill 59/198, 2008 Indexation Percentage and Revised Deductibles/ Monetary Amounts under Bill 164 provides the following:

The indexation percentage for Bill 59 and Bill 164 claims reflects the yearover- year “Consumer Price Index for Canada (All Items)” from September 2006 to September 2007, as published by Statistics Canada.

Indexation under Bill 59/198

The 2008 indexation percentage is 2.5 per cent. It is applied in accordance with the “Optional Indexation Benefit Guideline” dated October 28, 1996. Under Bill 59/198, indexation applies to named insureds, spouses of named insureds, dependants of any of these and specified drivers, if the optional indexation benefit was purchased.

I think that means as clinicians, if an accident occurred between November 1, 1996 and October 1, 2003 we are to fill out the appropriate Form 1 always using the above rates regardless of what year it is. The insurer/lawyer will figure out if the amount should be indexed and do the necessary calculations.

If you have any questions regarding the above or would like to make a comment which can be considered for further articles, please contact me at rehabplan@rogers.com.

Next Article: Part 3: HISTORY OF THE FORM 1 (SABS) – BILL 198

If you have any questions regarding the above or would like to make a comment that can be considered for further articles, please contact me at rehabplan@rogers.com.

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