A-25, r. 2.1 - Regulation respecting catastrophic injuries or sequelae

Section 3 Disposition versions

2022-07-01

3. In the case of a sequela, the evaluation is made in accordance with the evaluation rules set out in the Schedule of Permanent Functional and Esthetic Impairments to the Regulation respecting lump-sum compensation for non-pecuniary damage (chapter A-25, r. 10), except the rules referring to the provisions of Division II of that Regulation.

The evaluation must, according to the terms provided for in the first paragraph of section 6 of that Regulation, identify the functional or esthetic units impaired and determine the category of severity that represents the victim’s situation and the percentage corresponding to that category. However, if the victim had sequelae prior to the accident or relapse, the percentage corresponding to the category of severity of the functional or esthetic unit representative of the situation prior to the accident does not have to be deducted if the accident or relapse resulted in the aggravation of the victim’s prior sequelae.

The category of severity of the impaired functional or esthetic unit is determined by the situation having the greatest impact from among the situations corresponding to the result of the permanent sequelae evaluation. Only one category of severity may be determined for each impaired unit and the percentage corresponding to that category may only be awarded once.

S.Q. 2022, c. 13, s. 91.

Not in force

In force: 2022-07-01

3. In the case of a sequela, the evaluation is made in accordance with the evaluation rules set out in the Schedule of Permanent Functional and Esthetic Impairments to the Regulation respecting lump-sum compensation for non-pecuniary damage (chapter A-25, r. 10), except the rules referring to the provisions of Division II of that Regulation.

The evaluation must, according to the terms provided for in the first paragraph of section 6 of that Regulation, identify the functional or esthetic units impaired and determine the category of severity that represents the victim’s situation and the percentage corresponding to that category. However, if the victim had sequelae prior to the accident or relapse, the percentage corresponding to the category of severity of the functional or esthetic unit representative of the situation prior to the accident does not have to be deducted if the accident or relapse resulted in the aggravation of the victim’s prior sequelae.

The category of severity of the impaired functional or esthetic unit is determined by the situation having the greatest impact from among the situations corresponding to the result of the permanent sequelae evaluation. Only one category of severity may be determined for each impaired unit and the percentage corresponding to that category may only be awarded once.

S.Q. 2022, c. 13, s. 91.