In this personal injury case the ICBC insured could not reasonably claim to be surprised by the subject matter of a functional capacity evaluation report and was denied further medical examination of the claimant (Falbo v. Ryan,2015 BCSC 2452). It is rare that the court will order any further medical examinations after the 84 expert deadline.
It was the court’s view that a physical examination was not necessary in order to provide a responsive report. Master Harper seemingly exacerbated commented,
“These types of orders are discretionary. They ought to be rare. There is, unfortunately in my view, what seems to be an acceleration of these types of applications. They should be extremely rare, and in my view the defendants do not require a physical examination of the plaintiff in order to properly respond to Ms. Craig’s two functional capacity evaluations”
The application was made after the expiry of the deadline for service of expert reports under R. 11-6(3) of the Supreme Court Civil Rules and the claimant was therefore not required to attend.
Read our article about ICBC medical examinations to learn more about whether you are required to attend at an ICBC independent medical examination.
Posted by ICBC Claims lawyer Mr. Renn A. Holness, B.A. LL.B.- Working for the injured, not ICBC or any other insurance company.