I try to stay away from politics on this blog, other than reminding you that the most powerful thing you can do as a citizen of your respective country is to exercise your right to vote (even if you’re voting for candidates you don’t like).
I’m making an exception here because there might be some good news for former Red Wings defenseman Vladimir Konstantinov, as reported today by the Associated Press’s Ed White:
Major changes in Michigan car insurance law do not apply to people who were catastrophically injured before the summer of 2019, the state appeals court said Thursday, a victory for long-term victims of motor vehicle crashes and their care providers. In a 2-1 opinion, the court said lawmakers “did not clearly demonstrate” that insurance payment cuts would be applied retroactively.
And even if those changes were intended to be retroactive, that step violates contract protections in the Michigan Constitution, Judge Douglas Shapiro wrote.
“Giving a windfall to insurance companies who received premiums for unlimited benefits is not a legitimate public purpose, nor a reasonable means to reform the system,” Shapiro said in a decision joined by Judge Sima Patel.
So what does this mean for Konstantinov, and other victims of catastrophic car crashes?
For decades, people injured in crashes were entitled to payment for “all reasonable charges” related to care and rehabilitation. But the new law sets a fee schedule and a cap on reimbursements not covered by Medicare.
It’s had drastic consequences for roughly 18,000 people needing long-term care after crashes that took place before June 11, 2019, and the providers of those services.
Hockey star Vladimir Konstantinov suffered severe brain damage when a drunken limousine driver crashed the car in 1997. Konstantinov, a passenger, was celebrating a championship by the NHL’s Detroit Red Wings. By last spring, Arcadia Home Care & Staffing said it had lost $200,000 for Konstantinov’s care due to the 2019 law.
“Every month, I have to ask whether we’re good for another month,” said James Bellanca Jr., Konstantinov’s friend and lawyer. “The decision is a godsend,” he said of the court ruling.
As the AP’s White notes, the insurance companies and State Legislature can still challenge the ruling, but if it sticks…
A whole lot of people in a lot of pain will get their care back. And that would be good news, indeed.
Update: This is hard to watch.
The Michigan appeals court has issued a major ruling affecting long-term victims of car crashes.
Among the beneficiaries: ex-Red Wings star Vladimir Konstantinov, who suffered severe brain damage when a drunken limousine driver crashed the car in 1997.https://t.co/5TXLL7ew0Y pic.twitter.com/ZSB3aDgcs6— AP Sports (@AP_Sports) August 25, 2022
