Kaplan and Kaplan is seeking psychologists for a position in our clinic. Well-trained new graduates or senior psychologists are welcome to apply. For more details, read the job posting.

This presentation, prepared for the CAPDA Spring Workshop, May 27, 2011, explores definitions of disability in multiple settings, and their implications for psychologists. Download The Evolution of Catastrophic Impairment Definitions.

Dr. Ron Kaplan will be presenting a lecture on the history of the catastrophic impairment criteria and the proposals of the Catastrophic Impairment Medical Panel at CAPDA, May 27, 2011. He will be discussing the recommendations of the Catastrophic Impairment Medical Panel and the reactions of Stakeholders to the recommendations at a conference in London Ontario June 9, 2011.

The Divisional Court has provided a ruling on an Arbitration case called Aviva ats Pastore. The interested reader will want to turn to the Financial Services Commission of Ontario to read the original arbitration decision and the appeal to the Director’s Delegate. The decision posted here is very relevant to accident victims with mental and behavioral (psychological) impairments and those with pain who want to know if their serious impairments meet the threshold for a marked impairment set out in the auto insurance regulations to determine if one has a catastrophic impairment.

This ruling should be read carefully by mental health professionals, lawyers, and by insureds to understand the reasoning and conclusions of both the majority judges and dissenting judge about how professionals should determine if an injured crash victim has a marked impairment.

As experts in catastrophic impairment we will be carefully reviewing the implications of the thinking of the judges for us as clinicians and assessors in our assessment methodology and our clinical reasoning. We welcome opportunities to discuss with referral sources the potential significance of the ruling for catastrophic impairment assessments.

The Catastrophic Impairment Expert Panel (the Panel) will soon be presenting the Superintendent of Financial Services with their first report on the Statutory Accident Benefits Schedule (SABS) definition of “catastrophic impairment”.

The report will assist clinicians in identifying claimants with catastrophic injuries earlier and with greater objectivity by reflecting emerging scientific knowledge and judgment. The report will also include recommendations to ensure that the most seriously injured accident victims are treated appropriately.

The report will be posted on FSCO’s website for your review on the week of April 11, 2011.

The Superintendent will consult with stakeholders before making final recommendations to the Government.

An information session will take place on April 28, 2011 to address questions on the report’s content. Attendance at the information session will be limited to 3 representatives from a single organization.

If you would like to attend the information session, please RSVP by April 21, 2011 via the following email address: expertpanel@fsco.gov.on.ca.

Information Session

Date: April 28, 2011
Time: 1:00 p.m. – 4:00 p.m.
Location: Toronto, ON

How to Submit Comments or Suggestions

FSCO appreciates the valuable contributions of our stakeholders. The perspectives and insights provided by our stakeholders are essential. We encourage all parties with an interest in the catastrophic impairment definition to participate in these consultations.

You are invited to provide written comments or suggestions regarding the Panel’s report on or before May 13, 2011.

As the panel’s work and recommendations are based on emerging scientific knowledge, please ensure that your feedback is supported by scientific evidence.

This is a public consultation process. Submissions will be publicly available on FSCO’s website under Stakeholder Comments at the end of the consultation period. Any personal information that is included in your submission to FSCO (e.g., name, address, telephone number, email address, or any other information that could be used to identify an individual) will also be posted. If, for any reason, you do not want your submission or contact information to be made public, please clearly indicate this in your response.

FSCO will contact you if further information about your comments is needed.

There are three options for submitting your comments:

1. Send an e-mail to expertpanel@fsco.gov.on.ca and include “Catastrophic Impairment Report I Consultation” in your e-mail’s subject line.
2. Mail your comments to the following address:

   Sivan Raz
   Senior Policy Analyst
   Auto Insurance Policy Unit
   Financial Services Commission of Ontario
   5160 Yonge Street, Box 85
   Toronto, ON   M2N 6L9

3. Send a fax to (416) 590-7265 and include “Catastrophic Impairment Report I Consultation” in your fax’s subject line.

If you have any questions about this consultation process, please contact:

Sivan Raz
Senior Policy Analyst
Auto Insurance Policy Unit
Financial Services Commission of Ontario
5160 Yonge Street, Box 85
Toronto, ON M2N 6L9
Tel.: (416) 226-7769 or 1-800-668-0128 ext. 7769
Fax: (416) 226-7870
Email: sivan.raz@fsco.gov.on.ca

Consultation Reference: Catastrophic Impairment Report I Consultation
Date Posted: Week of April 11, 2011
Deadline for Submissions: May 13, 2011

Thank you for your interest and participation.

This is an important arbitration decision on catastrophic impairment where Dr. Levitt of Kaplan and Kaplan Psychologists testified.

This arbitration reinforces that a robust method must be followed for CAT assessments, and that detailed formulations must be offered to explain ratings, and that this is outlined clearly in the guides (which are referred to by legislation).

It appears reasonable to conclude that Arbitrators expect health professional assessors to follow the standards set out for reports in the new civil procedures. The emphasis there is that experts be clear about their sources of information, indicate all possible interpretations of the data, indicate why the assessor has chosen one explanation over others. In particular, we believe it is critical that when assessors come to a conclusion contrary to the bulk of previous related assessments, they explain why they disagree with colleagues. Here issues of methodology and critical thinking will be paramount. These are the most important takeaway lessons from this decision.

It is our pleasure to announce that Drs Amber Smith and Brian Levitt are now partners of Kaplan and Kaplan Psychologists and Assessment Center. We welcome their expanded role and increased responsibility, as we continue to adapt to changes and take on new opportunities. We are confident that they will assist all of us as we look towards the future, striving for excellence in our clinical work and assessments while increasing the productivity of our unique services.

Yours very truly,

Faith and Ron Kaplan

The government’s 2010 auto insurance reforms included a direction that FSCO consult with the medical community to amend the definition of catastrophic impairment as set out in the Statutory Accident Benefits Schedule, and to set out qualifications and experience requirements for health professionals who conduct catastrophic impairment assessments.

FSCO has announced that Dr. Ronald Kaplan is a member of that panel. See more about the panel members here.

Quantifying Mental and Behavioural Impairments in the Context of Catastrophic Impairment Analysis by Dr. Brian E. Levitt, Psy.D., C. Psych., Kaplan and Kaplan Psychologists and Assessment Centre.Reproduced with permission of the publisher from Health Law in Canada, Vol. 31, No. 2, November 2010.

Post-September 1, 2010, we are still providing catastrophic impairment determinations. While striving to increase efficiency and comply with the new regulations, we are ensuring that our work remains scientifically valid and respectful of the person.