In this exceptional case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…
The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was denied a request for a second medical examination.(Tran v. Abbott, 2018 BCCA 154) In allowing the…
This was application to have the claimant attend a defence medical examination with a rheumatologist, Dr. Wade in relation to a car accident injury claim. There have been a number of expert reports tendered by the claimant, and two defence medical examinations done by agreement by Dr. Sovio, an orthopedic surgeon, and Dr. Dahi, a psychiatrist. The claimant provided most…
It is rare that the court will order any further medical examinations after the 84 expert deadline. It was the court’s view in Falbo v. Ryan, 2015 BCSC 2452 that a physical examination was not necessary in order to provide a responsive report. Master Harper said that, “These types of orders are discretionary. They ought…
The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…
The ICBC adjuster required that the claimant attend at a medical examination with an orthopedic specialist following her car accident injury claim. The claimant attended and a medical report was ordered under Part 7, ICBC accident benefits. The defendant then wanted the claimant to attend a SECOND doctor, a physiatrist (Physical Medicine and Rehabilitation) for the tort claim. The claimant…
Innocent car accident victims must now face the prospect of a court ordered medical examination conducted by doctors that are potentially unfair, impartial, not credible and not objective. In a stunning Masters decision of the Supreme Court requiring an ICBC claimant to attend a medical exam, the Master stated, “Questions of fairness, partiality, credibility, and…
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…
Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…
ICBC Medical Examinations Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor: 1. Being an ICBC Insured Being insured with ICBC is defined…