A-25, r. 10 - Regulation respecting lump-sum compensation for non-pecuniary damage

Section 6 Disposition versions

2012-09-01

6. Non-pecuniary damage is evaluated as follows:

(1)  In the event of functional impairments:

(a)  Identify the functional units listed in Schedule I that are permanently impaired;

(b)  Determine for each functional unit identified the category of severity that best represents the victim’s situation and the corresponding percentage. Any injury or illness that occurs subsequent to the accident and that is unrelated thereto is not taken into consideration;

(c)  If the case arises, determine a percentage for a bilateral impairment of the upper limbs:

i.  Identify the right and left functional units that are permanently impaired. Only the functional units “Ability to Move and Maintain the Position of Upper Limbs” and “Manual Dexterity” are taken into consideration. There must be at least one permanent impairment that is related to the accident and that is sufficiently serious to correspond to a category of severity;

ii.  Determine for each functional unit identified the category of severity that best represents the victim’s situation and the corresponding percentage. Any functional unit impairments related to the accident or present prior to the accident and sufficiently serious to correspond to a category of severity are taken into consideration. Impairments that occur subsequent to the accident and that are unrelated thereto are not taken into consideration;

iii.  Apply the following calculation method:

    Sum of the %                 Sum of the %                      Retained    
      of the 2                     of the 2                    percentage for a  
  functional units      +      functional units       =      bilateral impairment  
  on the left side             on the right side          
___________________________________________________

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The minimum is 0.5% and the maximum is the sum of the percentages of the 2 
functional units on the least-impaired side. When the retained percentage includes 
decimals, only the first is kept. When the decimal is between 1 and 4, it is 
increased to 5; when it is between 6 and 9, the result is rounded up to the next
full percentage.

(d)  In cases where the victim was impaired prior to the accident

i.  Determine for each functional unit identified the category of severity that best represents the situation prior to the accident and the corresponding percentage;

ii.  Determine the percentage for the bilateral impairment to the upper limbs prior to the accident;

In each case, the retained percentage in relation to the accident is the difference between the percentage corresponding to the victim’s situation as determined by the evaluation and the percentage corresponding to the victim’s situation prior to the accident.

(2)  In the event of esthetic impairments:

(a)  Identify the esthetic units listed in Schedule I that are permanently impaired;

(b)  Determine for each esthetic unit identified the category of severity that best represents the victim’s situation in relation to the accident and the corresponding percentage.

In cases where several percentages have been calculated, an overall percentage is determined using the following method:

(1)  The highest percentage is applied to 100%:

[100%] × [the highest %] = A%;

(2)  The second highest percentage is applied to the remainder, which is the difference between 100% and the highest percentage:

[100% - A%] × [the second highest %] = B%. (If the percentage obtained has more than two decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4.)

(3)  The other percentages are applied in the same way to the successive remainders, beginning with the highest:

[100% - (A% + B%)] × [the third highest %] = C%. (If the percentage obtained has more than two decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4.)

(4)  The resulting percentages are then added up:

Overall % = A% + B% + C% + (…). When the result includes decimals, it is rounded up to the next full percentage.

O.C. 1370-2000, s. 6.