Medico-Legal Tort/Verbal Threshold Test (as per the Ontario Insurance Act)
In order for an impaired function to be considered an important one under the recent amendments, the function must:
1. Be necessary to perform the activities that are essential tasks of the person’s regular or usual employment, taking into account reasonable efforts to accommodate the person’s impairment and the person’s reasonable efforts to use the accommodation to allow the person to continue employment.
2. Be necessary to perform the activities that are essential tasks of the person’s training for a career in a field in which the person was being trained before the incident, taking into account reasonable efforts to accommodate the person’s impairment and the person’s reasonable efforts to use the accommodation to allow the person to continue his or her career training.
3. Be necessary for the person to provide for his or her own care or well-being.
4. Be important to the usual activities of daily living, considering the person’s age.
