The Three Faces of The "Any Occ" Test

At the 104 week anniversary of a motor vehicle accident, the victim will only be entitled to continue to receive income replacement benefits pursuant to the Statutory Accident Benefits Schedule if he or she is "suffering a complete inability to engage in any employment for which he or she is reasonably suited by education, training or experience". Similarly, 104 weeks after the victim first begins to receive long term disability benefits, the test for continued entitlement under most disability policies also changes from an "own occupation" test to an "any occupation" test which is quite similar to the test set out in the Statutory Accident Benefit Schedule. Each policy of disability insurance is different and therefore, the post 104 "any occ" test may be somewhat different to some degree from the post 104 "own occ" test for accident benefits. As the two year anniversary of a motor vehicle accident nears for these victims, the Accident Benefits and Disability Insurers usually ...

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March 2018 ABR Updater: Issue 44


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