Why Was My Short Term Disability Claim Denied?
Short term disability (STD) insurance is designed to replace a portion of your income temporarily if you become disabled and are unable to earn an income. A disability can result from an injury, a serious illness or a mental health issue. STD comprises of paid sick...
Questions about Private Insurance Disability Claim Denials?
Martin Willemse will be participating in PainBC's live online "Ask the Expert" event on April 20, 2017 from 9:30a.m. to 11:30a.m. Martin will be answering questions related to disability claim denials by private insurance companies including: Long Term Disability...
Upcoming Event: Martin Willemse Attending ME/FM Society of BC AGM September 24, 2016
Martin Willemse has been invited to attend the Annual General Meeting of the Myalgic Encephalomyelitis and Fibromyalgia Society of BC (ME / FM Society of BC) to be held at BC Women’s Hospital on September 24, 2016 at 1:00 p.m. Mr. Willemse will be available to answer...
Disability Insurance Claim Denials: The Insurer is not Always Right
When you are disabled due to an injury or an illness, the last thing you should have to deal with is a battle with an insurance company over the interpretation of complex contractual terms to get your benefits. A recent news story regarding a family man comes to mind....
Was your disability claim denied?
Often people claim disability for disorders that play a very real part of their life but they are denied benefits by their insurance company. In many cases this happens because proving such a disability exists is harder to do and it is decided that there is a lack...
Offering Support to People Living with Depression
One of my clients commented to me how depression can be so isolating. And lonely. In the throes of depression, the mind and body can be immobilized. This can have the negative and unwanted side effect of alienating family, friends and co-workers. If you have someone...
News of Upcoming Events
September 30, 2015: Long Term Disability Insurance Seminar – Resident Doctors of BC Kirk Wirsig and Martin Willemse, as counsel for the Resident Doctors of BC on insurance matters will be presenting a seminar to members of the Resident Doctors of BC on long term...
Is my Insurance Company Delaying Approval of my Claim?
We often get this question from people who are off work due to an injury or illness and the insurance company is taking a long time to decide whether the application for benefits ought to be accepted. To start, make sure that you complete the form within the time...
2015 Disability Claims Management & Litigation Conference Summary
On May 27th and 28th, Kirk Wirsig co-chaired the 8th Edition of “Disability Claims: Management and Litigation”, a legal conference for lawyers and other insurance professionals, including human resource personnel and medical specialists. Both Kirk Wirsig and Martin...
Case Commentary – GLESBY VS. MACMILLAN
A recent judgment of our Supreme Court of British Columbia illustrates just how far the debate has swung on the issue of marijuana as medicine. Mitigation of Loss Through Medicinal Marijuana The judgment of Gelsby v. MacMillan (March 4, 2014, BC Supreme Court) was a...
What is a Retainer Agreement?
Whenever you hire a lawyer, you will likely be asked to sign a retainer agreement. A retainer agreement is a contract between the client and law firm that tells you that the law firm will represent the client in pursuing a particular legal issue and how the client...
Negotiation of Disability Claims
Negotiation involves reaching an agreement with the other side. The idea is that the agreement meets the best interests of both sides. Of course, this usually means that both sides have to make compromises. You won’t get everything you want and neither will the other...
Mediation of Insurance Denial Claims
Mediation is a voluntary process, to which both parties agree. A mediator is appointed to hear the claim. The mediator is a neutral person assigned to help the two sides reach a solution that works for both. Usually a mediation takes place in a boardroom at a neutral...
Identity Theft in BC
Every week hundreds of people fall victim to identity theft. Identity theft is the unauthorized collection and use of your personal information, usually for criminal purposes. Your personal information can be used to open credit card and bank accounts, redirect mail,...
What is defamation?
Defamation is an untrue statement about a person that damages the person's reputation. The communication must be made to other people, not just to the person it's about. However, the law will not protect you from an insult or a statement that may hurt your feelings....
Charter of Rights and Freedoms
The Canadian Charter is part of Canada’s constitution and as citizens it bears reviewing from time to time. The Charter guarantees your freedoms and rights, including: Fundamental freedoms of association , conscience and religion ; thought, belief, opinion, and...
Erosion of privacy rights?
We are being watched. Recording devices are everywhere: From street corners and retail outlets to satellites in the sky. But did you know the car you drive may be spying on you too? If you are driving a vehicle built after 1993, chances are it contains an “Event Data...
Arbitration of Disability Claims
Arbitration is useful when one side or the other (or both) prefer to have someone neutral decide the matter for them. This usually occurs if one party or both refuses to compromise on any issue. Arbitration often works well for commercial and business disputes....