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Hepatitis C - Class Actions Settlement
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Claimants:
Loss of Income / Loss of Support / Loss of Services
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Loss of Support

Calculating LOS

Making an LOS Claim - Six Basic Steps (top)

Step 1

Make an appointment to see the treating physician who must complete Form TRAN 2 - Section G Disability Information. The diagram immediately below outlines the distinction between the pre-claim period and the post-claim period.
 

Step 2

Determine date that the HCV Infected Person died = date of death.

Step 3

Select three consecutive years of highest Pre-Claim Gross Income by doing the following:

  1. Identify and review the annual "Earned Income" for each and every year pre-dating the date of death.

  2. Among these years, select three consecutive years. In order to maximize your compensation, you must choose the three consecutive years that represent the highest Pre-Claim Gross Income.

    Special Note: If you can demonstrate that on a balance of probabilities, the pre-claim gross income could have been higher than the actual average pre-claim income had you never been infected with HCV, you may submit proof to this effect to the Administrator for consideration.

Step 4

Calculate your Average Pre-Claim Gross Income by doing the following:

  1. Calculate the average of these three (3) highest consecutive years of Pre-Claim Gross Income. This number is fundamental to proceeding with next steps.



  2. The amount equal to the average of the three highest consecutive years must next be multiplied by the ratio of the Pension Index for the current year.



  3. The middle year of the selected three consecutive years determines the Pension Index rate that will be used to upwardly adjust the amount equal to the average into current year dollars. Lastly, the amount equal to the average will be multiplied by the ratio of the Pension Index for the post-claim year (post-claim year=2001, Pension Index rate for 2001=112.9) being claimed by the pension index rate for the middle year. These two rates are used to determine the Pension Index Ratio.



    The amount in par. 3 (above) = your pre-claim (calculation in par. 2 (above)) gross income which the Administrator will use to calculate the Annual Loss of Net Income.



Step 5

Calculate Indexed Pre-Claim Gross Income by doing the following:

  1. Multiply the average by the ratio of the Pension Index for each Post-claim year.



    The ratio of the Pension Index for that post-claim year divided by the pension index for the middle year of the three (3) highest consecutive year. Please click here to view the Pension Index Table

Step 6

Calculate the deceased HCV Infected Person's post-claim gross income by doing the following:

  1. Identify and review the annual income for each and every year postdating the date of death.

    1998 Year of disability = post-claim year 1 - $
    20,000
    1999 Disabled = post-claim year 2 - $
    15,000
    2000 Year of death = post-claim year 3 - $
    7,000
    2001 Deceased = post-claim year 4 - $
    0


  2. Complete and submit to the Administrator a post-claim submission (Form GEN 10 - Section E) for every post-death calendar year during which the deceased's infection with HCV caused a loss of income.*

    *Special Note: If the Administrator can demonstrate that on a balance of probabilities, your post-claim income for any year would have been higher than the actual post-claim income had the deceased never been infected with HCV, your post-claim income will be accordingly adjusted.

Step 7

Submit supporting financial/income tax documentation:

Provide the Administrator with the necessary financial/income tax documentation in order to confirm both your pre-claim and post-claim gross incomes.

Step 8

Upon receipt of all necessary documentation, the Administrator will evaluate the claim for loss of support and determine the amount payable. Your claim will be processed most quickly if you can attach a complete copy of all required income tax returns and Notices of Assessment.


Claim Example (top)

This example illustrates how a loss of support calculation is done by the Administrator.

The deceased HCV Infected Person's Pre-Claim Income (top)

This section allows you to input your pre-claim income data, so that you may determine your three consecutive highest pre-claim income years.

Pension Indexation Calculator

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