Contents
- Employment: Disability Insurance Issues: Index
- General Principles of Interpretation
- Disability Insurance: Making the Claim
- Proving the Claim
- Role of the Employer: Agent of the Insurance Company
- Duty of Good Faith
- Issues on Termination of Insurance
- Defences to the Claim
- Administrative Services Only
- Offsets from the Claim
- Medical Records
- Time Deadlines
- 🩺 Disability Resources
Employment: Disability Insurance Issues: Index
General Principles of Interpretation
Brochure as a Contract
Not an Indemnity
Disability Insurance: Making the Claim
The Fundamentals of Disability Insurance
Short Term Disability
Active Employment
Test of Disability
The Elimination Period
Continual Disability
Proving the Claim
Evidence of the Disability
GAF Score
Canada Pension Plan Disability
The Date to Test the Disability
Surveillance Evidence
Onus of Proof
Role of the Employer: Agent of the Insurance Company
Employer Negligence
Other Entities Negligent
Duty of Good Faith
Cases before Fidler
Supreme Court of Canada: Duty of Good Faith: Fidler
Aggravated & Punitive Damages: Duty of Good Faith
Chart Summary of Aggravated & Punitive Damages
Issues on Termination of Insurance
Defences to the Claim
Mitigation
Pre-existing Medical Condition
Fraud
Statutory Conditions
Administrative Services Only
Offsets from the Claim
Medical Records
Patient’s Right to Medical Records
Duty of Confidence
The Medical Report
Report of the Treating Physician
Doctor’s Trial Evidence
Independent Medical Examination
Misuse of Medical Records
Time Deadlines
The Rolling Limitation Period
Discoverability
Relief from Forfeiture
Waiver & Estoppel
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About the Author:
David Harris
🩺 Disability Resources
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Canadian Employment Law
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