They failed on
the basis the psychological injuries the uninfected plaintiffs suffered, such as depression, fear, shock, anxiety, anger, frustration, and the like, were non-compensable.
Not exact matches
A 25 year old housewife who sustained a soft tissue
injury to her lower back which affected a pre-existing condition and had symptoms on a daily
basis for six months after the accident with a full recovery after nine months (but still suffered anxiety and hyper vigilance driving for 18 months) was given # 2750 by Sheriff Hammond in Jedburgh Sheriff Court (GWD 20/8/10 Number 492) Pollock v Westall) the sheriff felt it was appropriate to take account of the
psychological impact.
We provide the court with a deep understanding of the physical, and
psychological turmoil that the
injury victim suffers on a daily
basis; and what the rest of the victims life will be like.
If you are considering hiring an Ottawa personal
injury lawyer, chances are you're suffering from physical,
psychological or emotional
injuries that interfere with your ability to function on a day - to - day
basis as you normally do.
Because of the novelty of the claims at the time, we were among the first to challenge the medical and
psychological basis of multiple chemical sensitivity syndrome as a compensable
injury.
A claim was presented on the
basis that the claimant had sustained a whiplash
injury to her neck and lower back in the index accident, as well as
psychological injury.
In an
injury claim, an individual can look for financial damages
based upon the degree of the
injury, whether it be physical,
psychological or both.
The Plaintiff appealed on a number of grounds, with two of the grounds being that the trial judge had misapprehended evidence, and that the trial judge had erred by reducing damages for
psychological and emotional
injuries on the
basis of the «crumbling skull doctrine».
In the latter cases the
psychological injury will be compensable on the
basis of a pre-existing thin skull, except only in cases where the
psychological problem is so dominant as a pre-existing condition and the
injuries sustained in the accident are so trivial that the accident can no longer be said to be a sufficient cause in law to support an award of damages on the
basis of proximate cause.
Main findings from the review of caselaw on WSIB adjudication (see also Chart) point to the regular disregard of the treating health professional's medical opinion about whether return to work is safe; the reversal of benefits promised to the most vulnerable injured workers (those with permanent disabilities approaching «lock - in» of benefits); wrongful denial of compensation
based on «little or no evidence» of pre-existing conditions; and undue targeting of workers with
psychological injuries for denial of claims and for surveillance.
Based on prior research suggesting that distinctions between allegations and substantiations are not useful, 31,32 official reports of alleged child abuse were coded using a slightly modified version33 of the maltreatment classification scheme developed by Barnett et al. 34 Three general indicators of child abuse were created, each dichotomized as present or not, based on the coding of the following records: (1) physical abuse (any blows or injury to the head, torso, buttocks, or limbs; and violent handling, choking, burning, shaking, or nondescript injury); (2) sexual abuse (any sexual exposure, exploitation, molestation, or penetration); and (3) psychological maltreatment (threats to psychological safety and security, lack of acceptance and threats to self - esteem, or failure to allow age - appropriate auton
Based on prior research suggesting that distinctions between allegations and substantiations are not useful, 31,32 official reports of alleged child abuse were coded using a slightly modified version33 of the maltreatment classification scheme developed by Barnett et al. 34 Three general indicators of child abuse were created, each dichotomized as present or not,
based on the coding of the following records: (1) physical abuse (any blows or injury to the head, torso, buttocks, or limbs; and violent handling, choking, burning, shaking, or nondescript injury); (2) sexual abuse (any sexual exposure, exploitation, molestation, or penetration); and (3) psychological maltreatment (threats to psychological safety and security, lack of acceptance and threats to self - esteem, or failure to allow age - appropriate auton
based on the coding of the following records: (1) physical abuse (any blows or
injury to the head, torso, buttocks, or limbs; and violent handling, choking, burning, shaking, or nondescript
injury); (2) sexual abuse (any sexual exposure, exploitation, molestation, or penetration); and (3)
psychological maltreatment (threats to
psychological safety and security, lack of acceptance and threats to self - esteem, or failure to allow age - appropriate autonomy).
The knowledge
base of clinical social work includes theories of biological,
psychological, and social development; diversity and cultural competency; interpersonal relationships; family and group dynamics; mental disorders; addictions; impacts of illness, trauma, or
injury; and the effects of the physical, social, and cultural environment.
She is also regularly called upon to provide expert opinion surrounding Canadian Forces
Base, Veterans Affairs Canada, Royal Canadian Mounted Police / RCMP (and other first responder) cases, as well as consistently providing
psychological evaluations for various insurance companies and bodies involved in adjudicating personal
injury and other trauma -
based claims.