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~ Manitoba Public Insurance ~
Point to
Consider for MPI Claimants
Knowledge
is power.
See Your own doctor. If you are unsure, inquire whether your doctor also
works for your insurance company. You may be surprised. In Manitoba
there are a number of physicians and other health care practitioners who also
work for Manitoba Public Insurance and the Worker's Compensation Board.
Be particularly wary, once performing their insurance company duties, physicians
may be exempt from any responsibility to you under their Code of Ethics.
Check out the College of Physicians and Surgeons of Manitoba (CPSM) (http://www.cpsm.mb.ca/).
You can search physician profiles and see whether there has been disciplinary
action against any particular physician. Ideally take someone with you to
your appointments. Being injured can be overwhelming and it is sometimes
possible to forget to ask questions or forget the answers if you do. This
is understandable. In our experience having someone with you is very
helpful.
Understand
your rights and responsibilities as a Manitoba Public Insurance Corporation (MPIC) (www.mpi.mb.ca)
injury claimant. Familiarize yourself with the information in the
MPIC brochures and pamphlets. MPIC also publishes a coil bound book
titled Personal Injury Protection Plan Your Guide which provides information
(and contradictions...more on that later).
The
MPIC Act (http://web2.gov.mb.ca/laws/statutes/ccsm/p215e.php) and
Regulations (http://web2.gov.mb.ca/laws/regs/p215e.php) are highly
recommended reading. The MPIC Act and Regulations are also available in print
(for a fee) from the Queen's Printer (http://www.gov.mb.ca/chc/statpub/)
and are a valuable resource to assist in understanding your entitlements as
an insured.
Please
obtain and maintain a complete copy of your file. You are entitled to an
initial free copy and updates of your claim’s file. Do not throw
anything out. You may request a copy of your claim file in writing, MPIC
should be able to provide this to you within 30 days.
Realize that your adjuster is in a conflict of interest. The claims
adjuster is managing your claim but also defending the
Corporation’s position (and financial bottom-line). As a claimant, you
need to be truthful and helpful however, you shouldn’t be too naïve.
Don’t say anything that may be misconstrued and used against you to jeopardize your
claim. You may wish to have a lawyer do the work for you from the very beginning
of your claim.
If
you disagree with any claim decision made by your adjuster, such as denial or
termination of your PIPP benefits, you have the right, within 60 days, to
request that MPIC’s legal department conduct an Internal Review of the
adjuster’s decision. If you are dissatisfied with the subsequent
decision of the Internal Review Office you have the right to appeal
to an external independent tribunal—the Automobile Injury Compensation Appeal
Commission (AICAC) (http://www.gov.mb.ca/finance/cca/autom/index.html).
Claimants have 90 days to make an appeal to AICAC.
MPIC
maintains a substantial herd of lawyers (yes, funded by our premium
dollars). These lawyers are experienced in attending hearings at
AICAC. Interestingly, MPIC says that claimants don't need lawyers and it
makes me wonder why they believe that they do. The entire process is
adversarial, don't allow them to tell you otherwise.
AICAC,
apart from being funded by MPIC, is independent from MPIC. AICAC is an
independent appeal body for claimants who disagree with an Internal Review decision
made by MPIC. If you would like AICAC to hear your appeal you may
choose to ask for the assistance of an advocate from the Claimant Advisor Office
(CAO) (http://www.gov.mb.ca/finance/cca/claimant/index.html), the
CAO is also funded by MPIC but otherwise independent from MPIC. The
advocate from the Claimant Advisor Office most likely won't be a
lawyer but is likely someone who has a background in advocacy.
Familiarize
yourself with the written decisions of AICAC. The AICAC decisions can
be studied at their office. AICAC’s decisions are available to
subscribers of QuickLaw (http://www.lexisnexis.ca/ql/index.php).
AICAC’s decisions may soon be available on the internet cost-free.
Both
your claim file and AICAC’s decisions are a great source of
information. Familiarizing yourself with both will shed light on the
workings of your own file, other claimants files and the adjudications of
contentious claims. You are not the only one.
It
is my personal opinion that all contact should be in writing, this leaves
nothing to be misunderstood or misinterpreted. Contact with your adjuster,
by phone or in-person, is very questionable. In my experience,
the notes made by the adjuster regarding conversations have been less
than an accurate representation of the actual words exchanged. The choice
is yours. Consider yourself forewarned. Record conversations (tell
them you are doing so) and document all contact and meetings with your
adjuster (date, time, place, attendees). It is perhaps more prudent to
always have a family member or a friend accompany you to all meetings at MPIC,
in addition to recording. Of course, keep all correspondence.
Accurate
and comprehensive documentation of the very first contact and meetings between
you and your adjuster are important. Often problems with contentious
claims can be traced back to initial contact when there may have been
miscommunication (or simply lack of a witness).
Don’t
feel intimidated or pressured by your adjuster. If you are making a PIPP
claim you are injured. It is most likely difficult for you to think
straight. Important decisions deserve careful thought and
consideration. If you don’t understand something, ask for
clarification. If you still don't understand ask again, document this in
writing. If you disagree with something, document your disagreement in
writing. If you are not comfortable with signing a particular form
please don't do so. Be cautious of a pushy (coercive) adjuster, don't
allow them to bully you.
MPIC
recently modified the Medical Information Authorization form utilized by MPIC
to obtain information. In speaking with various claimants over the past
months it is interesting to learn that each has been provided a slightly
different form. Please be aware of your rights it is your responsibility
to do so. Check out http://www.gov.mb.ca/health/phia/ to
learn more about the Personal Health Information Act and see the link to the
Regulations. Please be aware of your privacy rights, have a look at the
Office of the Privacy Commissioner of Canada site at http://www.privcom.gc.ca/legislation/index_e.asp,
here you will be able to read more about the Privacy Act, the Personal
Information and Protection of Electronic Documents Act, PIPEDA) as well as
review Substantially Similar Provincial Legislation. Manitoba falls
short in matters relating to privacy and though Premier Doer promised to
create a Privacy Commissioner way back in 1999 Manitobans have yet to see this
occur.
If
you are dissatisfied with the MPIC policies or the behaviour of a MPIC employee
you can take your complaint to the MPIC Fair Practices Office, though a number
of us are sceptical of this office and their willingness to address the
systemic problems at MPIC.
You
can also take your concerns to the Minister Responsible for Manitoba Public
Insurance (historically the Minister of Justice), though the Minister’s office
has a history of employing personnel who are on MPIC’s payroll. See http://www.gov.mb.ca/index.html,
good luck, you will need it.
There
is also the Manitoba Ombudsman(http://www.ombudsman.mb.ca/), though
that office can’t address employee behaviour. The Ombudsman is limited
to making recommendations to MPIC regarding issues that they investigate.
There is no enforcement capability. Again, good luck. Consider
saving your energy.
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