Over $2 Million in Damages awarded when Plaintiff with Serious Pre-Existing Conditions is injured in Pedestrian Accident

Posted on July 3, 2019 (July 5, 2024) by Kotak Law

Many people who are injured in an automobile accident have a pre-existing condition, such as a back injury, which worsens as a result of the accident. This can create challenges and complexity in a personal injury claim as the judge or arbitrator must attempt to separate the effects of the pre-existing condition from the consequences ...

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Tips on Appealing Disability Claim Denial

Posted on June 26, 2019 (June 16, 2023) by Kotak Law

You cannot work due to injury or illness. You let your employer know and then compete an application and submit it to your disability insurance company. Your doctor fills out the appropriate form and then you wait patiently for a decision. After a while you receive a letter from the disability insurer informing you that ...

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Scales tipped in insurer’s favour with LTD claims

Posted on June 21, 2019 (July 5, 2024) by Kotak Law

Insurance companies are ramping up their scrutiny of long-term disability claims and employing tactics to deny benefits, Toronto personal injury and disability lawyer Nainesh Kotak tells Benefits Canada. Kotak, principal of Kotak Personal Injury Law, says such measures are counterproductive as most people don’t want to be off the job any longer than necessary and ...

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Is Your Disability Insurance Company Sending You to An Independent Medical Examination (IME)?

Posted on June 12, 2019 (July 5, 2024) by Kotak Law

Often, while adjudicating or managing a short term or long term disability claim, insurance companies send people to a so called Independent Medical Examination (IME). In many cases these examinations are not felt to be independent. The stated purpose of the assessment is to provide the disability insurer with an opinion about whether a claimant ...

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Customers deserve same compassion insurer shows employees

Posted on June 5, 2019 (December 28, 2023) by Kotak Law

Disability insurers should show as much compassion for their customers as they do for their employees, says Toronto personal injury and disability lawyer Nainesh Kotak. Benefits Canada magazine recently reported that a major Canadian insurer saw a big drop in its mental health-related short-term disability claims after increasing the benefits available to its own employees ...

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Why you may need Critical Illness Coverage and How it differs from Disability Benefits

Posted on June 3, 2019 (July 5, 2024) by Kotak Law

Many working Canadians are familiar with long-term disability insurance, the purpose of which is to provide income replacement when someone becomes ill or injured and is unable to work for a prolonged period. Long-term disability (LTD) payments are generally tax-free when the individual has paid 100% of their premiums, but taxable if the employer has ...

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How long do Long-term Disability Insurance Benefits last?

Posted on May 27, 2019 (June 16, 2023) by Kotak Law

Once you have been approved for long term disability benefits you may be wondering how long those disability benefits will continue to be paid by your disability insurer. Long term disability policies are marketed as “peace of mind” insurance. However, termination of benefits happens quite frequently. A long term disability policy is a contract. This ...

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Third-party Insurer is ordered to provide Coverage in Toronto Pedestrian Accident

Posted on May 2, 2019 (July 5, 2024) by Kotak Law

Pedestrians and cyclists are eligible to claim the same accident benefits as anyone who was injured while travelling in a motor vehicle, as long as the accident involved a motor vehicle. And, if you become injured by a motor vehicle, while walking or cycling, you may claim ‘no fault’ accident benefits from your own vehicle ...

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5 Reasons a Disability Claim May Be Denied and What Can Be Done

Posted on April 15, 2019 (May 22, 2024) by Kotak Law

This a list of 5 reasons that a disability claim may be denied. Has your disability claim been denied? See if any of these reasons fit your situation. REASON #1 Your disability insurance company says that you have a pre existing condition. Often insurance companies will look at your medical records and suggest that because ...

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Do You Feel That Cigna Has Unfairly Denied Your Disability Claim?

Posted on April 12, 2019 (July 5, 2024) by Kotak Law

Have you experienced this? You or your employer pay premiums for a Cigna disability insurance policy with the hope that one day if you can’t work Cigna will honour it’s duty to pay you disability benefits. Unfortunately, you cannot work due to a physical or mental condition. You complete the application for disability benefits and ...

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