Saturday, April 5, 2014

Canadian Insurance News Submission 3 Year Review


 

 

Canada Insurance News

Contact: canadianinsurancenews@gmail.com


Submission Ontario Auto Insurance Three-Year Review



Attention:
Jennifer MacMillan, Senior Policy Consultant, Auto Insurance Policy Unit, FSCO at 3YearReview@fsco.gov.on.ca.




This Open Letter is intended to provide some incite from a victims perspective, and to educate decision makers.
















Submission to the Ontario Auto Insurance Three-Year Review.
By Canadian Insurance News
March 29, 2014






Brief Personal History:


I have a unique perspective to offer in regards to the insurance industry as I have been in the insurance system since a fatal crash that was not my fault back in 2007.
I am a white male, born in Canada with roots going back to 1670. Before the fatal crash in 2007 I was a 3rd generation truck driver. My jobs included hauling almost every produce, and commodity imaginable. I was a professional driver at the top of my profession with a perfect driving record. We proudly display a Canadian flag on our back, and front lawn. My family and I are law abiding members of the community with no criminal records.


Brief History of Crash:

I was coming home from work travelling on a narrow country road I used often. When I was about 60 feet from the crest of a blind hill, suddenly there were two cars travelling towards me, side by side, one car was in my lane. There was no where for me to go !...
The teenage boy was speeding and passing on a blind hill and solid double line. He hit me with his car at over 102km/hr; taking off the front wheel, sending me rolling 8 times, and into a tree. I was trapped upside-down. The airbag went off in the side of my head at a force 2/3's more powerful than that of today s cars. I had used the steering wheel to block my face from the crash. As a consequence my head was placed sideways in the steering wheel at the time of impact, and at the time of air bag detonation. Unfortunately the teenage boy died in the crash as he hit another car and a cement barrier. Remarkably his passenger survived.
Pictures of the 3 car fatal crash are available online at: http://survivingacollision.blogspot.ca/
















Recommendations


You already know of the insurance industry practices, so I shall not reproduce them here in detail and tell you what you already know. I shall not lecture you on the way injured victims are treated following a crash. You can search online for that.


The dark side of the insurance industry world must be quite annoyed by what I would call “heroes for injured victims”. For example, you are probably aware of articles by Alan Shanoff ( http://www.torontosun.com/author/alan-shanoff ) . He has written numerous articles that will give you information on how injured victims are treated by insurers.


Further reading will eventually get you to the Fair Association of Victims for Accident Insurance Reform site at: http://www.fairassociation.ca/ . There you will find yourself in information overload as to the victims movement for Insurance reform. I am a member myself.
If you are an insider in the insurance world and continue to search you will find yourself at
including my Surviving a Collision Blog, and Canadian Insurance News.


On my Surviving a Collision Blog you will find yourself in my CPP Disability benefit application nightmare. I applied for the Disability benefit back in 2008 a year after the fatal crash of 2007. I continue to fight for Disability benefits to date. I think you can imagine what my letters to Service Canada have been like while they continue to deny my family a benefit that I am clearly entitled to. Some of the letters are posted on the Surviving a Collision Blog at http://survivingacollision.blogspot.ca/ for your viewing.


If you require more information on the insurance world you can go to the Canadian Insurance News twitter stream at: https://twitter.com/Cinsurancenews . It was created for the purpose of communicating, and providing information.
I have recently read a sad story about another victim of insurance. His story is similar to mine but one of the differences is that I wont try to hang myself. His story serves as a template for insurance practices that a common, and gives you a glimpse into insurance victims lives. You can read the article at : Life can change in the blink of an eye
or at Canadian Insurance News at:






I used to wonder why something as simple as insurance has gotten so very, very, out of control. Out of control insurers, out of control profits, out of control wordhirlings, out of control pay-for-hire doctors. I have witnessed what they will do to protect their industry full of deceit, it disgusts me.


When I was a trucker I delivered almost everything. I met a lot of people. Most of the people that I met were honest and hard working. Most of the people that I have met in the insurance world are dishonest and uncaring.


I am old enough to remember when there was help for the injured. Doctors even came to your house to treat you back in the 60s. Now the insurance company hires people to abuse an innocent crash victim for profit, and the system is setup to treat a injured crash survivor like they are dishonest, just like the insurance world is.


If it were not for the crash I could go back to my world of Professional Driving, and working with honest and hardworking people. But I am stuck with advocating for insurance reform and my ongoing Social Security Tribunal appeal that they can delay for another year.


Thanks to denials by the insurance system I now have enough contacts and information to share with the world, so that maybe, someone, will fix the insurance system, so that it does not destroy anymore lives, and does what its suppose to do, and what we pay for. Then I can not spend every waking hour thinking about the injustice we live in. Waiting for the money to run out from what little we received from the forced settlement during the FSCO backlog. When justice disappeared because of insurance greed, and look-the-other-way politicians and Doctors.


Our insurer that we paid for decades cut off replacement benefits just prior to mediation. Sound familiar? It should. Its common for the insurer to bleed you dry so you must sign on the dotted line. Huh, justice, where did it go, and how did a product that makes billions of dollars be allowed not to pay the contract of insurance obligations, conveniently, to serve their version of justice.


If you are serious about fixing the insurance system you can start by reducing the fraud that insurers do by sending a message to them. Start by penalizing them for their crimes. If I had my way they would be in jail for what they are doing to innocent injured victims.










Thank you for this opportunity to communicate with you and express my views.
It is unfortunate that you don’t hear from enough crash-insurance-victims. An obvious assumption would be because they can’t. Or they just give up. I understand why, I’m exhausted from trying to receive what should have been automatic, and from being prosecuted for no crime for the last 7 years of my life.
Looking forward to hearing from you or anyone in this regard. Thank you.


Sincerely,
Administrator,
Canadian Insurance News

























Contact: canadianinsurancenews@gmail.com




Friday, March 21, 2014

Open letter to Social Security Tribunal by disabled claimant


Open letter:
via Surviving a Collision - survingingacollision.blogspot.ca

via Faximile 1-855-814-4117
via Email info.sst-ss@canada.gc.ca



March 19, 2014



Social Security Tribunal

PO Box 9812 C.P. 9812 / Station T CSC Station T, SPC

Ottawa ON K1G6S3



Re: Notice of Appeal

HRSDC File Number: W-CHAxxxxxxx

Tribunal Number: GP-xx-xxx



Dear Social Security Tribunal:

Further to your Acknowledgement of the “Notice of Appeal” dated February 28, 2014, the following is my response.

The Social Security Tribunal and Service Canada both now have not responded to my letters.

To make matters even worse you can also inflict an unreasonable delay of up to “365 days from the date the appeal was filed to sign a Notice of Readiness and send it to the Tribunal”.

Are you kidding me?

Seriously......... is this a joke,

............... 365 days?

What exactly is a neadyness of what?
When you are ready you will send a form to the Tribunal. Why will you send it to yourself?
Why would it take that long?

You say in your letter I will be getting and will be signing more forms , why doesn't that surprise me. When, how long will this take?

Really....... this is a joke right?

Can someone Google these things for me ?

Knowone has called me from your office to explain anything, or answer my letters.
This process is designed to inflict more bullshit to a crash survivors life.
Maybe its designed so the survivor will die from this crap and you wont have to pay.

Six years fighting for the right to receive benefits that I paid for all my adult life was not enough!

Having the security I paid for diminished to a game of doctors pay for hire antics was not enough!

The years being ignored by Service Canada has not been enough!

Now its obvious that I am suppose to take what little I have to get a lawyer to get what should have been automatic after the fatal crash that was not my fault.

Unfortunately what little I have, I need to survive on for the rest of my life, the lawyers can't have it,
and the doctors have made enough money from my misfortune.

Maybe the settlement from the crash should have been enough....oh ya.....that didn't happen because of the backlog to justice caused by the insurance industry and look-the-other-way government officials that should be making the insurance industry uphold agreements.

So now its only reasonable that I consult the public for help.

Has anyone seen this shit before?
How can we fix this process so other crash survivors are not put threw it.

They write “we realize that you cannot work now” at the same time deny my application for a benefit I am clearly entitled to.

And now you can delay this fiasco for up to a year



This is a joke right?

Sincerely,

Admin,
Surviving a Collision
survingingacollision.blogspot.ca

Tuesday, March 4, 2014

CPP Disability benefits- phone recordings prove claimant right


March 4, 2014

Via Facsimile: 1-855-814-4117

Social Security Tribunal
Attention: General Division (IS)
PO BOX 9812, STN T CSC
Ottawa ON K1G 6S3

Re: CPP Disability benefits
      Client Identification Number February 5, 2014 – xxxxxx
       SIN #xxxxxxxxx

Dear Social Security Tribunal:

I acknowledge receipt of a decision by Service Canada dated February 5, 2014 denying my CPP Disability benefits. Please accept this letter as my formal appeal to that decision.

L. Cuthbert Benefits officer - Service Canada letter of February 5, 2014 fail to provide any valid reasons for denial of CPP Disability benefits.
L. Cuthbert, Benefits Officer - Service Canada says in her/his denial letter the following:
 -“the medical documentation we received on January 21, 2014 that you sent”.
-“A reconsideration decision letter was sent to you on January 15, 2014.
-“cannot make another decision or review this additional information”.

In other words we did not get this medical information in time, you can't use it.

The phone messages below were left by Service Canada on our answering machine. The file dates of the original recordings are December 4, 2013 (the date I got around to recording them off our answering machine), and proves that Service Canada did receive my medical documentation, and it was not when they are claiming.

RECORDING 1 -Service Canada can be listened to at the following web address:


https://drive.google.com/file/d/0B1gUaC8gT6M2dV9ETjVMa2dIM3M/edit?usp=sharing

RECORDING 2 -Service Canada can be listened to at the following web address:

https://drive.google.com/file/d/0B1gUaC8gT6M2Sk1aRnNLYVVYNDA/edit?usp=sharing

The above recordings can be found at the following link:
http://survivingacollision.blogspot.com/2014/02/cpp-disability-benefits-phone.html



The screenshot below shows the file properties of the recordings creation date is December 4, 2013, further proving the date of the recorded phone message left by Service Canada




The date that L. Cuthbert, Service Canada Benefits Officer is using is her/his denial letter of February 5, 2014 is fictional, as proved by Service Canada phone messages above and the fax log attached below.








 



The additional 20 page medical information was sent on November 4, 2013 as seen in the fax log above. Service Canada verified this information in their recorded phone messages above. As you can see and hear Service Canada had my additional medical information before making the decisions dated January 15, 2014 and February 5, 2013. To be clear Service Canada did not receive these documents “on January 21, 2014” as I have proved herein.
It is ridiculous that a crash victim should have to prove the date medical documents are sent to support an application, and be made to file an appeal to have them accepted and reviewed.

I kindly ask that the Social Security Tribunal put an end to this obvious vendetta against my claim for CPP Disability Benefit as soon as possible, investigate the credibility of Service Canada reports being admitted for their truth, and review the additional medical documents that were sent to Service Canada 4 months ago.

Looking forward to hearing from you in this regard as soon as possible.
Thank you.

Sincerely,
Mr. xxxxx


Attach: February 5, 2013 -denial letter
             Appeal forms completed


Cc: http://survivingacollision.blogspot.ca/
Cc: list removed at this time

Tuesday, February 25, 2014

CPP Disability Benefits - realm of dishonesty


February 24, 2014

Via Facsimile: 1-855-814-4117

Social Security Tribunal
Attention: General Division (IS)
PO BOX 9812, STN T CSC
Ottawa ON K1G 6S3

Re: January 15, 2014 Client Identification Number - xxxxxxxx
SIN #xxxxxxxxx


Dear Social Security Tribunal:

I acknowledge receipt of a decision by Service Canada dated January 15, 2014 denying my CPP Disability benefits. Please accept this letter as my formal appeal to that decision.

My first application for disability benefits was in 2008. I was told I would not receive disability benefits because my case would have to be resolved first. My Doctor did not fill in the first medical report in my claim for Disability Benefits in 2008. (My doctor has since filled them as you know.)
My conversation with Service Canada further verified at that time, that my application did not have to be filed at that time “ we will look into your entire file when we make a decision” , “funds would be retroactive to 2008” “when I reapplied at a later time”.

Both our lawsuits were unable to receive justice from the justice system in 2010. To be clear, the crash was not my fault and we were not justly compensated, we were burned by the insurance system and the justice system. Our lawsuits were concluded by a forced settlement due to the FSCO backlog and fraudulent pay for hire doctors, and much of the same conduct that Service Canada has been providing and supposing.

Service Canada is fraudulent in their letter of January 15, 2014. The excuses for denial of benefits fail to provide any reasonable valid reasons.
Health Canada Says: According to your doctor you received a sprain to your neck and back and receive pain”. Why is Service Canada downplaying my injuries?
Many disability certificates and doctors reports as you know from 2007 – 2010 say different.
WAD III” , “Associated ICD-10-CA code for injuries and sequelae that are the direct result of the automobile accident Code numbers: F39, F41, G44, R51, S034, G47, M545, S33, M546, M6261, S49, R41, S19, Z56, Z723, Z733, Z736, M501, S234, S8340, F067, S9351”.
The Diagnostic imaging Report in 1999 states: “Early degenerative disc desease at C6-7”
In the March 28, 2012 Psychological Legal Assessment Report by xxxx and xxxx states: “Moderate Major Depressive Disorder, PTSD in partial remisssion”, “we are of the opinion that this man suffers permanent and serious impairment with respect to overall psychological functioning”.


Page 1 of 22

Health Canada Says: I have the ability to do sedimentary work”.
Report dated March 12, 2012 by xxxx Occupational Therapist / Director states the following: “Mr. xxxx is completely disabled for any occupation to which he is suited by way of his education, training or experience”.

Even for the healthy and uninjured finding work in our area- is very difficult, if not impossible.
The Niagara area reports highest unemployment rate in Ontario.
According to Niagara this weeks newspaper article January 16, 2014
NIAGARAS UNEMPLOYMENT RATE HIGHEST IN ONTARIO.”
Add to the resume that you are a 53 year old 3rd generation truck driver with nerve damage in my spine and can’t drive much because of the pain, etc., then add to the resume you have limited education from 12 grade schools, reaching a level of only grade 9. What is suitable, available, work for me?
The imaginary laptop that Service Canada mentions in their denial letter January 15, 2014 was never provided by my insurer.
Service Canada comments about work are unfounded and as you know I have been thoroughly investigated by doctors, therapists, lawyers, and insurance investigators at a great cost.
As you know I was in the Insurance fiasco for 6 years and cooperated with all interrogations (eg; rehabilitation, work hardening, multi disciplinary assessments, situational assessment etc.). I tried to go back to work after the crash, on my own, and was unsuccessful. The issue of work has been answered at great physical, mental, and financial lengths.

In the Service Canada Denial letter of January 15, 2014 it states the following to establish denial of benefits:
(1)- in 2011 you were provided with a utility tractor for you outdoor maintenance.”
(2)-“This tractor included a backhoe and a loader.”
(3)-“This work activity would be indicative of capacity for suitable work”

I WAS NEVER PROVIDED WITH A TRACTOR WITH A BACKHOE FROM MY INSURER
Service Canada is fraudulent in writing that I did. According to E. Chase- Medical Adjudicator, Service Canada letter of January 15, 2014 she writes:
According to the occupational therapist in 2011 you were provided with a utility tractor for you outdoor maintenance. This tractor included a backhoe and a loader.”
How could a medical adjudicator have written such an uneducated sentence?
If E. Chase- Medical Adjudicator had given my application the attention it deserves than he/she would know of the attached copy of the file management log by Vista Disability (the assessment mill).
The log will prove the assessment mill getting instructions from my Insurance adjuster (xxxx -xxxx Insurance) to deny this device. His instructions to the Occupational Therapist were Pryor to his examination (interrogation) at our home.
My adjuster xxxx says in the log: he would like the OT to go to the home and address the OCF -18 regarding a tractor for approx $25000.00. Advised OCF -18 would be denied next week so Ax in week of Nov 14th”.

The Occupational Therapist xxxx then came to our house to write the denial report as he was instructed and agreed upon (xxxx called and confirmed Ax”).




Page 2 of 22

The following will provide even more evidence to prove that I WAS NEVER PROVIDED WITH A TRACTOR WITH A BACKHOE FROM MY INSURER:
The assessment mill excerpt below, and email attached, will show that even after my insurer received the paid for hire doctor report it still wasn’t good enough for my insurance adjuster xxxx of xxxx Insurance.

Email #1states the following:

From: xxxx
Sent: November 28-2011 3:08 PM
To: xxxx
Cc: 'xxxx'
Subject: xx – OT OCF-18 In-Person – (Kaine) – due ASAP

Green highlights are revisions for xxxx. Due to the adjuster – ASAP. xxxx mentioned xxxx would like to see this report, so I have copied her.”

Email #2 states the following:

From: xxxx
Sent: December -02-11 9:03 AM
To: 'xxxx'
Subject: RE: xx – OT OCF-18 In-Person – (Kaine) – due ASAP
Follow Up Flag: Follow up
Flag Status: Red

Hi xxx, xxxx has reviewed and approved the revisions. The final is saved to the claimants folder.”

As you know the tractor that is mentioned above and in the Service Canada denial letter of January 15, 2014 was explained in the xxxx OT submitted treatment plan of May 4, 2012.
As the report states the tractor was to enable me to:
(1)- “to maintain his 1.5 acre property.”
(2)- “The recommended tractor is anticipated to minimize the effects of Mr. xxxx functional losses.”
(3)- “the client would be able to pace himself”
(4)- “is best suited to meet his property maintenance needs”

If the purpose of the tractor was for work (it wasn't according to the treatment plan above), and if I had received this assistive device from my insurer (I didn’t as proved above), I would still need funds to buy equipment to haul the tractor. A truck and trailer etc. would be necessary. Then even if the money fell from the sky to provide these funds then I would need to get training, and licences, and insurance, to operate the tractor/backhoe as a business.
Then I would need to find work in an area that has “the highest unemployment rate in Ontario.”
Most of all I would then need the health and stamina that I do not have because of the injuries I sustained in the fatal crash of 2007.




Page 3 of 22

How can a Medical adjudicator have concluded that I can work driving something?
If Service Canada had completely read my medical file then they know I am limited in driving because of my injury’s sustained in the crash.
The Psychological Legal Assessment Report dated March 28, 2012 states the following:
He is incapable for psychological reasons of returning to any work that involves driving, and clearly is incapable of returning to his lifelong profession as a driver.” “This also poses a barrier to work in general, as he is avoidant of leaving home due to fearfulness in the car.”

Why would Service Canada deny my claim for a benefit I am clearly entitled too?
If I had to make some guesses why a Service Canada Medical Adjudicator would act unreasonable I would guess that it’s because they know I am an outspoken critic of the track record to receive CPP Disability benefits and write a blog about Service Canada and the Insurance industry.

Could the reason why Phyllis Brodie, Medical Adjudicator- Service Canada denied my Disability benefits was because Service Canada did not like my fax letters?
Would a Medical Adjudicator act unreasonable toward me because I filed a complaint to the Collage of Physicians and Surgeons of Ontario about a doctor pay for hire interrogation?
Would an insurance decision maker be biased as to my claim for benefits because I have written letters to FSCO on what I have learned about Insurance industry practices?
Maybe why a Medical Adjudicator would act unreasonable is because as they know I am an active member of Fair Association of Victims for Accident Insurance Reform, and publicly disputed an IBC advocates remarks.

I don't know why I have been denied Disability benefits but there is enough evidence to establish that Service Canada did not read my health file prior to making a decision to deny my CPP Disability Benefits, or they did read my health file and are committing a crime.
In the case of the latter we are enquiring an investigation into the following individuals that work for Service Canada:

(1)- E. Chase Reg. N, Medical Adjudicator, Service Canada.

(2)- L. Cuthbert, Benefits Officer - Service Canada.

(3)- Phyllis Brodie, Medical Adjudicator- Service Canada.

The quality of health care is in crisis. The white coat black art podcast at CBC radio episode December 27, 2013 states: We have to make partners out of patients because I will help keep you from making catastrophic medical errors if you just let me be on my own care team. The hazards would be far fewer if we were like pilots. We're passengers in our own plane.”
This means I am let in on the conversation so I may be informed and I may help correct the human mistakes Doctors are so destined to make”.

My insurer has deleted files in my file at HCAI. There have been assessment mill errors writing the records for the doctors, errors by doctors, and even anonymous access to my medical file at the HCAI online database. Now Service Canada has altered my health file to provide false representation.



Page 4 of 22

Phyllis Brodie, Medical Adjudicator- Service Canada has admitted that “we know you cannot work” in her denial letter of July 16, 2013.

Again, how can Service Canada write “we know you cannot work”, and at the same time deny my disability?

Service Canada and the Insurance industry have made me feel that I have entered a world of unicorns leprechauns and magic beans. There should be legislation to protect the most vulnerable in our society.
Obviously there is something wrong if a crash victim must be put threw a process that is designed to fail. It’s very disturbing that Service Canada can deny a claim without even speaking to a claimant. Saying in denial letters “we tried to contact you” without even a phone message - is not trying.
Injured victims deserve better treatment.

Service Canada does a lot of imagining in denial letters. But as you know the 18 year old boy that was speeding, and passing on a solid double line, and blind hill, that hit me head on, at 102 km per hour,
taking off the front wheel, and making me roll 8 times, with the airbag going off in the side of my head at a force twice as powerful of that of today’s cars, and hit a tree, and was trapped upside/down in the twisted seat, has left me with severe and prolonged injury’s.

Doctor Report date Feb 10th 2012 states:
Cervical Spine (July 17th , 2007) –C6-C7 and C7-T1 disc spaces can not be commented on secondary to obstructed view.”
MRI (September 2008) 1 year post MVA and C-Spine x-ray:
Degenerative Disc Disease worse at C5-C6
-Moderate spinal canal stenosis c4 c5
-Bilateral neuroforaminal narrowing C3-C4
\-C6-C7moderate to severe right rear frontal narrowing and moderate left rear frontal narrowing”
“suffered significant LONG-TERM and PERMINANT disability secondary to the motor vehicle crash on July 17th 2007:
  1. Chronic Myofascial Pain Syndrome of the Neck.
  2. Chronic Myofascial Pain Syndrome of the Trapezium.
  3. Chronic Mofascial Pain Syndrome of his shoulders Bilaterally.
  4. Biceps Tendonosis in his left shoulder.
  5. WADS lll of his neck
  6. Occipital Neuralgia;
  7. Cervical Degenerative Disc Disease and Canal Stenosis”,
“obvious degeneration and disease in Mr. xxxx spine”,
“at least 60- 70 % of his pre-accident function”,
“it is medically sound to conclude that Mr. xxxx suffers form Degenerative Disc Disease in his Cervical Spine, as well as debilitating MyoFascial pain syndromes in his cervical spine trapezium and Bilateral shoulders”.

Page 5 of 22

The reality is that I suffer in constant pain, and I wonder what it would be like, to not have to fight for years in a realm of dishonesty, for the rights and security I paid for all of my adult life.

I do not belong in your world please conclude this conflict as it is detrimental to my recovery.

Please accept this Notice of Appeal to the tribunal as instructed by the Service Canada letter of January 15, 2014. I kindly ask that CPP Disability Benefits be granted without further delay, denials, and fraudulent conduct.

Please acknowledge receipt of this correspondence.
I look forward to hearing from you in this regard, as soon as possible. Thank you.


Sincerely,
Mr. xxxx



* I would like to thank my wife for making this letter intelligible and supporting me emotionally, physically, and financially,
with her part time job since the crash in 2007.


Attachments First Mailings:

-File management log xxxx Disability February 8, 2012
-xxx - xxxxxxx December 12, 2011
-Cpp Decision -July 16, 2013
-Cpp Decision -January 15, 2014
-Cpp Decision -February 5, 2014
-pictures of crash




First mailings March 2014:


Cc: Dr. xxxxx
Cc: Rhona DesRoches, Board Chair - Fair Association of Victims for Accident Insurance Reform
Cc: Phyllis Brodie, Medical Adjudicator- Service Canada
Cc: E. Chase Reg. N. Medical Adjudicator – Service Canada
Cc: A. Trudell, Benefit Officer - Service Canada
Cc: Surviving a Collision Blog







Page 6 of 22



REMOVED PAGES 7- 22



 











File management log blow proves claim above that adjuster sent OT to home of claimant to deny tractor.