Has OTIP Denied your Long Term Disability (LTD) Claim?

Posted on October 26, 2020 (June 16, 2023) by Kotak Law

Ontario Teachers Insurance Plan (OTIP) The Ontario Teachers Insurance Plan (OTIP) provides employee group benefits, including long term disability (LTD) insurance for unionized teachers in Ontario. OTIP is the plan administrator, which provides assistance with enrolment, eligibility, benefits and premiums, as well as claims for life, health and dental care. OTIP assesses each long term ...

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Mental health disability claims rising during COVID-19

Posted on October 23, 2020 (June 16, 2023) by Kotak Law

There has been a sharp rise in stress and anxiety throughout the pandemic, resulting in more mental health-related disability claims, says Toronto personal injury and disability lawyer Nainesh Kotak. A global study conducted by Workplace Intelligence found that increased stress and anxiety have negatively affected the mental health of 78 percent of the global workforce, ...

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IS CANADA LIFE STOPPING YOUR DISABILITY BENEFITS AFTER TWO YEARS?

Posted on September 7, 2020 (May 29, 2024) by Kotak Law

Have you received a letter from Canada Life stating that you have been receiving disability benefits for two years but those benefits will now be stopped? You would be surprised how often this happens. Most Canada Life disability insurance policies in Ontario have a change of definition clause in terms of how total disability is ...

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WHAT IS AN IME-INDEPENDENT MEDICAL EXAMINATION?

Posted on August 11, 2020 (June 16, 2023) by Kotak Law

Independent Medical Examinations (IME) are a common practice in Ontario, and are often used by insurance companies to deny benefits, or employers to challenge accommodation requests. An IME is a medical assessment conducted by an independent physician, rather than the doctor that normally provides treatment. The objective is to have a neutral third party opinion ...

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GOOD SAMARITAN LAW ONTARIO

Posted on August 6, 2020 (November 7, 2023) by Kotak Law

In Ontario, there is no law compelling an individual to act in an emergency situation, though if someone decided to act, they would be legally protected from liability when attending to a victim in distress to a certain extent. This piece of legislation is known as the Good Samaritan Act, 2001, which was enacted to ...

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CAN YOU GET DISABILITY FOR POST CONCUSSION SYNDROME?

Posted on August 4, 2020 (June 16, 2023) by Kotak Law

The causes of concussions include traumatic events such as motor vehicle accidents, blows to the head, slip and falls and sports injuries. Concussions involve brain injuries that are often either classified as a mild traumatic brain injury or moderate to severe. According to the Mayo Clinic symptoms of post concussion syndrome involving a mild traumatic ...

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COVID-19 RETURN TO WORK ANXIETY DISABILITY CLAIM

Posted on June 20, 2020 (June 16, 2023) by Kotak Law

If there is one common thread linking all people in Canada together, it’s that COVID-19 has affected all facets of everyone’s lives. From their everyday routines and families, to finances and employment. But the recent reopening of the economy has allowed some people to return to their jobs. However, for people experiencing increased anxiety and ...

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STRESS LEAVE IN ONTARIO

Posted on June 4, 2020 (July 2, 2024) by Kotak Law

According to the Canadian Mental Health Association (CMHA), stress can be defined as the body’s reaction to a real or perceived threat, which is known as the instinctual fight or flight response. The everyday threats faced today often do not require a fight or flight response, rather they are problems people have to work through. ...

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IS DEPRESSION A DISABILITY IN ONTARIO?

Posted on May 30, 2020 (June 16, 2023) by Kotak Law

Depression is a type of mood disorder that does qualify for short term disability and long term disability benefits, since it can significantly affect ones ability to work. According to a survey conducted by Ipsos, 17% of Canadians reported that they had to take time off work to deal with a personal mental health issue. ...

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Surveillance Tactics Used by Insurance Companies to Deny Disability Claims

Posted on May 17, 2020 (July 5, 2024) by Kotak Law

Surveillance is a common tactic deployed by insurance companies to discredit short-term disability and long-term disability claims, as it can be used as evidence to dispute the alleged limitations and restrictions of an individual claiming disability benefits. An insurer can conduct surveillance if they suspect a claimant has over exaggerated their disability claim. They will ...

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