David MacDonald Fireside Chat Re CAT

Author(s): David F. MacDonald

November 26, 2020

Thomson Rogers personal injury lawyer David Macdonald was recently interviewed by Anchor Rehabilitation Support Workers and discussed various topics including:

  1. Comparing Pre and Post Accident Life
  2. Rehabilitation Support Worker Notes
  3. Building Claims to CAT

Watch David’s interview below:

Full Fireside Chat Re CAT

Part 1: Comparing Pre and Post Accident Life

Personal injury changes lives. Although people learn to go on, change and live with limitations, nothing is more confronting about the loss to any judge or arbitrator than the contrast between the life following the trauma and that which is left behind. This video discusses the highlights of ensuring this change is recognized.

Part 2: Rehabilitation Support Worker Notes

Rehabilitation therapists or Rehabilitation support workers are the key to unlocking future enriched lives for those who suffer severe trauma, especially brain injury. The cuing, prompting and reminding which can help mold habits and new ways of finding capability and enjoyment in new and old pursuits is also critical to understanding how cognition has been affected by injury. RSW notes highlight these changes and needs as well as the successes and near misses that can occur when severely injured people are unable to rely upon the supports which RSWs and other therapists bring. This video notes highlights in documenting function and dysfunction caused by severe injury, to tell the new story of the severely injured and their needs.

Part 3: Building Claims to CAT

For there to be a full appreciation of the impact of the severe injuries, there must be objective testing and comparison of the losses with the previous capabilities. These losses are best understood when efforts are made to complete activities which are formerly routine. Yet following a mild or severe brain injury, cuing and prompting and reminding are most often required for task completion, for safety during activities and for de-escalation of frustration building due to incapacity or diminished inhibition caused by the brain injury. This video speaks of the cornerstone comparisons between capacity and loss, using collateral information from medical professionals, family members and assessors who help show the dependency which is a patent indicator of catastrophic impairment.

David MacDonald is a partner and personal injury trial lawyer at Thomson Rogers. David can be reached at 416-868-3155 or by EMAIL

A list of David’s publications and presentations can be found here.

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