LAT AABS Compendium – Frequently Asked Questions

inHEALTH’s LAT AABS Compendium guides users through LAT decisions with ease and precision not provided elsewhere. inHEALTH’s FAQ enhances user experience with ways to refine your searches and helps you find what you are looking for quicker.

See A Sample Search

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How To Use the Compendium

How Do I Begin My Search?
    1. Define a Primary Criteria by selecting the Search Variable from the first drop-down menu:
    2. Select a Query from the drop-down menu below. The options for Queries will depend on the Search Variable selected.
      **NOTE: in most of the files, costs were requested. To ensure that only relevant decisions are returned, ‘costs’ will not be returned as a Query if it was not a substantive issue in dispute.
    3. After you select your Query, click SEARCH.

     

    Having trouble selecting a Search Variable for your Query? We can help!

What Search Variables Can I Choose From?
  • Issues/Benefit in Dispute:  example variables include: “IRB”, “Limitation Period”, “MIG”, “Evidence”, and “Special Award”. These are not limited to the Issues in Dispute on the Application, but also include key issues in the decision. Examples include: “Causation”, “Pre-Existing Injury”, and “Non-Compliance”
  • Favour of Decision: whether the decision was made for or against the Applicant. The Query “Split” will return decisions in which only some issues were rendered in favour of the Applicant
  • Applicant Counsel: shows the counsel and their firm
  • Respondent Counsel: shows the counsel and their firm
  • Insurance Company: the Insurer named in the dispute
  • Adjudicator: the LAT adjudicator who heard and drafted the decision
  • Case Number: the Application number assigned by the LAT
  • Case Type: whether the case was a Hearing, Preliminary Issue, Motion, or Reconsideration
  • Hearing Type: the stream in which the decision was heard: In-Person, Written, Teleconference, Written/Teleconference
  • Referenced Cases/Legislation: searchable only under Secondary Criteria, to return decisions based on legislation or other cases/arbitration decisions referenced by the Adjudicator in a LAT decision.

Need help with the Search Variables? We can help!

What Will My Search Return?

Your search will return high-level information for the decisions related to your Query. This includes a link to a “Read More” summary and a direct link to the decision on CanLII.

Having trouble with your search? We can help!

How To Maximize Your Search

How Do I Refine My Search?

You have the option of refining your search by selecting a Secondary Criteria.

  1. Define a Secondary Criteria by selecting the Search Variable from the first drop-down menu
  2. Select a Query from the drop-down menu below and click Search
    Having trouble refining your search, or want to filter your results by more variables? We can help!
What Is "Read More"?

Read More displays the parties involved, a summary of the outcome, the rationale, and referenced cases/legislation.

  1. Click Read More to expand the row of any LAT decision to display the summary
  2. To expand another summary, click Read More for a second decision. You can view more than one decision outline at a time
  3. To collapse a row, click Read More again

Have a question about Read More? Want to save your search results? We can help!

What Is The Archive of Updates?

When new LAT decisions are published and the LAT AABS Compendium is updated, inHEALTH provides notifications of these updates. These notifications (“Updates”) include a summary of Emerging Issues, which highlight the trending interpretations and themes. The Updates are archived to provide accessible references to each release of decisions.

  1. Under Archive of Updates on the side of the Compendium, click “Learn More” to be taken to our Archive of Updates
  2. The Archive of Updates displays a list of all Updates in reverse chronological order of release date, Click an Update to view it

  3. To filter the Updates by topic, select a category

 

inHEALTH’s LAT Compendium vs. CanLII

The Search Comparison

Searching is made easy through the Compendium.

The Compendium: The database offers pre-defined search variables. Decisions are already organized into a number of pre-selected search variables, which include Case Type, Hearing Type, Issues/Benefits in Dispute, Case Number and Insurance Company.

CanLII: CanLII uses a Boolean search, and searches must be based on trial and error, with users having to formulate their own search criteria.

 

 

Search Strategies from Results

Navigating through results and determining which case you were looking for may prove to be difficult without knowing what each case is about.

The CompendiumSearches display relevant decisions organized into rows by case number, date of loss, hearing date, Insurance company, and issues in dispute – all visible at a glance.

CanLII: All decisions that fit the search criteria are presented. Navigating with limited filters can be overwhelming.

Reading Decisions

No two decisions from the LAT are ever the same. Reading through decisions that are different lengths, different formats, with different head notes can be confusing and time consuming for those who are looking for a description of the issues in dispute and the outcome.

The Compendium: We offer “Read More” summaries, neutral and fact based descriptions to quickly understand the outcome and the reasons for the outcome. Highlighted facts include the adjudicator, the applicant and respondent counsel, the issues in dispute and the outcome.

Not enough? Users get a direct access link to the published decision on CanLII for all search results

CanLII: Users must click on each decision to understand its outcomes and relevance. Decisions differ in length, format, and lack headnotes. This process mus be repeated until an appropriate decision is found.

Staying Up to Date

With the trends in decisions always evolving, and new types of cases challenging the process, staying up to date with newly published decisions and recognizing the shift in decision making is pivotal. How does one keep up?

Compendium: The team at inHEALTH compiles all the information from recently published decisions and ensures that users receive email updates on new decisions published by the LAT, including highlights of the Emerging Trends and Issues as well as Compendium related reviews.

CanLII: CanLII does not offer notifications of when new decisions are released, nor identifies emerging issues

 

Have you found what you're looking for?
For further assistance contact our Manager of LAT Compendium Services, Michael Connolly
at mconnolly@inhealth.ca
or by phone at (416) 364-6688 x2055


Navigation

See A Sample Search
How To Use The Compendium
How To Maximize Your Search
inHEALTH's LAT Compendium Vs. CanLII
Specific Scenarios

Specific Scenarios

I’m Considering Making a LAT Application, How Can This Help?

inHEALTH’s LAT AABS Compendium is an effective tool for decision-making.

Have you found what you’re looking for? We can help!

Example: An Insurer is considering filing an application to the LAT to seek a repayment of IRB
  1. Under Primary Criteria, select “Issues/Benefit in Dispute” from the first drop-down menu. Then select “IRB Repayment” in the drop-down menu below. Click SEARCH to return the relevant decisions.
  2. Click Read More to return the Adjudicator and counsel, as well as the summaries of outcome, rationale, and cases and legislation referenced in the decision.

  1. To read the full decision, click on View on CanLII.
Example: The Injured Party is considering filing an Application to the LAT for IRB, and wants to know if they are precluded from pursuing the claim as they did not attend an Insurer's Examination.

The Injured Party did not attend the Insurer’s Examination as they did not think the Examination was reasonable and necessary.

  1. Under Primary Criteria, select “Issues/Benefit in Dispute” in the first drop-down menu. Then select “Right to Dispute” in the drop-down menu below. Click SEARCH to return the relevant decisions.

  1. The search returned two cases involving other relevant issues. Click Read More on both decisions to read each summary, OR select either issue as a Secondary Criteria to refine the search.

In this example, the user is interested in both “Non-Compliance S. 44” and “Reasonably necessary test (s.44(1))”.

  1. Select “Issues/Benefits in Dispute” in the first drop-down menu under Secondary Criteria. Then select either “Non-Compliance S.44” (see Option A below), OR “Reasonably necessary test (s.44(1))” (see option B below) in the drop-down menu below. Click SEARCH.

Option A

Option B

I’m Preparing a Response to a LAT Application, How Can This Help?

inHEALTH’s LAT AABS Compendium provides a summary of the decision rationale. This allows users to see similar fact situations.

Have you found what you’re looking for? We can help!

Example: An Insurer is preparing to respond to an application to the LAT, in which the Applicant suffers from pre-existing injuries.

The Insurer is researching similar fact situations dealing with causation in order to prepare a response.

  1. Under Primary Criteria, select “Issues/Benefit in Dispute” from the first drop-down menu. Then select “Pre-Existing Injury” from the drop-down menu below. Click SEARCH

  1. Click Read More to return the issues, outcome, and rationale of the decision

In this example, the user has found a decision and at a glance can see issues relevant to the search. The user can narrow their search to find other cases.

  1. To refine your search, select “Issues/Benefit in Dispute” from the first drop-down menu under Secondary Criteria. Then select “Causation” from the drop-down menu below. Click SEARCH

Example: Counsel is preparing to respond to an application to the LAT, alleging that the application was filed outside of the Limitation Period. The Applicant disputes when the denial was rendered.
  1. Under Archive of Updates on the side of the Compendium, click “Learn More” to be taken to our Archive of Updates chronicling the Emerging Issues at the LAT.

  1. Select “Limitation Period” as a category under Emerging Issues. Click on any Update to browse the Emerging Issues.

  1. After identifying the relevant decisions under the Emerging Issue, click the “LAT Compendium” link at the top of the Update to be taken back to the LAT Compendium

In this example, the user is interested in LAT decision 16-001976 v. Co-Operators

  1. Under Primary Criteria, select “Case Number” from the first drop-down menu. Then select the Case Number of the drop-down menu below. Click SEARCH;

  1. Click Read More to return the issues, outcome, and rationale of the decision

  1. To read the full decision, click on View on CanLII

 

 

I’m Researching an Issue, How Can This Help?

inHEALTH’s LAT AABS Compendium allows you to search decisions by key issues.

Have you found what you’re looking for? We can help!

Example: Researching how entitlement to NEB has been handled by the LAT.
  1. Under Primary Criteria, select “Issues/Benefit in Dispute” from the first drop-down menu. Then select “NEB” from the drop-down menu below. Click SEARCH
  2. Click Read More to return the issues, outcome, rationale, and referenced cases or legislation. By identifying the cases and legislation referenced in each decision, the Compendium allows users to investigate how the LAT interprets case law and statutory provisions

In this example, the user wants to filter results based on referenced case law

  1. To refine your search, select “Referenced Cases/Legislation” from the drop-down menu under Secondary Criteria. Then select “Heath v. Economical Mutual Insurance Company. Click SEARCH

Example: Counsel is researching decisions rendered by a specific Adjudicator.
  1. Under Primary Criteria, select “Adjudicator” from the first drop-down menu. Then select the Adjudicator from the drop-down menu below. Click SEARCH

  1. To narrow your search to decisions in which the Adjudicator did not decide in favour of the Applicant, select “Favour of Decision” from the first drop-down menu under Secondary Criteria. Then select “Against Applicant” in the drop-down menu below. Click SEARCH

 

Example: A Healthcare Practitioner is submitting a treatment plan for services outside of the MIG, and is researching how treatment plans are being adjudicated.
  1. Under Archive of Updates on the side of the Compendium, click “Learn More” to be taken to our Archive of Updates of Emerging Issues

  1. Select “MIG” as a category for Emerging Issue. Click on any Update to browse the Emerging Issues.

In this example, the user has selected “LAT Update – June 5, 2017”

  1. After identifying the Emerging Issue, click the “LAT Compendium” link at the top of the Update

In this example, the user has read “The Devil’s In The Details” and wants to search LAT decision 16-000958 v. Aviva

  1. While in the Compendium, select “Case Number” from the first drop-down menu under Primary Criteria. Then Select the Case Number of interest from the Emerging Updates from the drop-down menu below. Click SEARCH

  1. Click Read More to return the issues, outcome, and rationale of the decision; OR, click on View on CanLii to read the full decision.

I’m Preparing to Speak to the Injured Party, How Can This Help?

inHEALTH’s LAT AABS Compendium allows users to view actual outcomes. Adjusters or counsel can use the decisions found in the Compendium in the discussion with the Injured Party.

Have you found what you’re looking for? We can help!

Example: An Injured Party is citing their pre-existing injury as a reason to access benefits outside of the MIG.
  1. Under Primary Criteria, select “Issues/Benefit in Dispute” from the first drop-down menu. Then select “MIG” in the drop-down menu below. Click SEARCH

  1. Click Read More to return the issues, outcome, and rationale of the decision

In this example, the user has found a decision and at a glance can see issues relevant to the search. The user can narrow their search to find other cases.

  1. To refine your search to those decisions involving MIG determination based on pre-existing injuries, select “Issues/Benefit in Dispute” as your Search Variable under Secondary Criteria. Then select “Pre-Existing Injury” as your Query. Click SEARCH to reveal all the decisions with MIG and pre-existing injuries as issues in dispute.

Example: An Injured Party has submitted what they believe to be evidence of an “incurred expense” for attendant care benefits. An Adjuster seeks clarification of the definition of an “incurred expense” before speaking with the Injured party.
  1. Under Primary Criteria, select “Issues/Benefit in Dispute” from the first drop-down menu. Then select “Attendant Care-Incurred” from the drop-down menu below. Click SEARCH

  1. Click Read More to return the issues, outcome, and rationale of the decision

In this example, the user has found a decision and is wanting to know what other cases reference s.3(7)(e) of the SABS. The user can narrow their search to find other cases that reference this provision.

  1. To refine your search, select “Referenced Cases/Legislation” from the first drop-down menu under Secondary Criteria. Then select “SABS: S.3(7)(e)” from the menu below. Click SEARCH

 

Have you found what you’re looking for?

For further assistance contact our Manager of LAT Compendium Services, Michael Connolly at mconnolly@inhealth.ca or by phone at (416) 364-6688 x2055.