Medical Examinations to Promote Equality in Civil Lawsuits

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…

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ICBC Second Medical Examination Refused by Court

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…

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ICBC Denied Second Medical Examination- New Holistic View

In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first  ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…

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