Determining 24-Hour Supervision: A Scoping Review through a Canadian Legal Database

Reference: Rose, M., & Maranan, A. (Jun). (2017). Determining 24-Hour Supervision: A Scoping Review through a Canadian Legal Database. Journal of Life Care Planning, 15(4), 13–17.

Abstract: Background: A highly contentious and controversial aspect of assessments in a medico-legal private practice is the determination of whether or not a client or patient requires 24-hour supervision. Purpose: The intent of this article is to review legal cases involving Occupational Therapist’s (OTs) and the determination of 24-hour supervision in Canada. Methods: A search and scoping review of the Canadian Legal Information Institute (CANLII) was completed using the terms “OT” and “24-hour supervision”. A review of the literature and determination of critical observations were completed. Findings: Based on 46 legal proceedings since 1986, the following critical observations emerged: Lack of pattern in the areas assessed in determining 24-hour supervision inconsistent quality of OT testimony related to determining 24-hour supervision, increased demand on OTs to determine if a client requires 24-hour supervision, and lack of guidelines for assessing 24-hour supervision. Implications: Without clear guidelines, OT testimony may bear less weight in court. Recommendations: The authors propose that an evidence-based framework upon which to formulate a determination of 24-hour supervision needs to be considered. Further research into current OT practice in determining 24-hour supervision and exploration of existing assessment tools for determining 24-hour supervision are recommended.

Lessons Learned, Integration of Economic and Vocational Counseling Reports for use in Income Loss Damages Quantification Analysis(Rose, Shpir, & Morelli, 2017)

Reference: Rose, M., Shpir, K., & Morelli, E. (2017). Lessons Learned: Integration of Economic and Vocational Counseling Reports for use in Income Loss Damages Quantification Analysis. Rehab Matters, 10–11.

Abstract: The aim of this article is to introduce the most prevalent methodologies and provide a general overview without delving into the mathematical and statistical details of the concepts of three types of expectancies – life, work life, and household.

Starting Points, Pre-accident health status and earnings form the foundation of damages quantification in personal injury claims.

Reference: Rose, M., & Shpir, K. (2015). Starting Points: Pre-accident health status and earnings form the foundation of damages quantification in personal injury claims. Claims Canada, 28–29. & Shpir, 2015)

Abstract: Building the foundation of fair damages quantification commences with a consideration of pre-accident factors that establish the starting points. In this article, we review two areas of pre-accident status that are considered in damages quantification – pre-accident health status and pre-accident earnings.

End Game, Examining The Three Expectancies Of Damages Quantification.

Reference: Rose, M., & Shpir, K. (2014). End Game: Examining the three expectancies of damages quantification. Claims Canada, 34–35.

Abstract: Forensic labour economists and vocational counselors are often asked to comment on issues pertaining to loss of income in personal injury litigation. Loss of income can comprise a significant amount of the final quantum of damages. It has been the experience of the authors that there is considerable variance in the procedures and outcomes in income loss analysis.