A-25, r. 12 - Regulation respecting indemnities payable under Title II of the Automobile Insurance Act

Section 40 Disposition versions

2021-01-25

40. On the basis of the details obtained from the claimant’s examination, the physician or specialized nurse practitioner shall:

(1)  make a diagnosis;

(2)  determine the extent of the disability resulting from by the accident and the effects of the said disability in terms of the provisions of the Act under which the victim is entitled to income replacement compensation; and

(3)  indicate the claimant’s capability of returning to the occupation referred to in the provisions of the Act under which he or she is entitled to income replacement compensation, as well as the expected date of return to that occupation and the claimant’s capability of adjusting to other occupations.

The physician or specialized nurse practitioner shall also indicate, where applicable, any special considerations which could affect the disability or the nature and the duration of the recommended treatment, as well as the type of prosthesis, orthosis or other therapeutic device recommended.

The physician or specialized nurse practitioner who is unable to definitively establish the claimant’s disability shall nevertheless establish it on a provisional basis.

O.C. 1263-83, s. 40; S.Q. 2020, c. 6, s. 41.

2012-09-01

40. On the basis of the details obtained from the claimant’s examination, the physician shall:

(1)  make a diagnosis;

(2)  determine the extent of the disability resulting from by the accident and the effects of the said disability in terms of the provisions of the Act under which the victim is entitled to income replacement compensation; and

(3)  indicate the claimant’s capability of returning to the occupation referred to in the provisions of the Act under which he or she is entitled to income replacement compensation, as well as the expected date of return to that occupation and the claimant’s capability of adjusting to other occupations.

The physician shall also indicate, where applicable, any special considerations which could affect the disability or the nature and the duration of the recommended treatment, as well as the type of prosthesis, orthosis or other therapeutic device recommended.

If the physician cannot definitely establish the disability of the claimant, he or she shall nevertheless make a provisory judgement.

O.C. 1263-83, s. 40.