Category Archives: Work capacity evaluations

Claimant’s experts out-persuade ICBC’s specialists- judge awards $765,395 for chronic pain

Ms Lauriente was injured in an mva in 2010 & developed chronic neck pain & headaches. The main issue in her trial was whether they impaired her future ability to work full-time as an RN. Dr. Locht, an orthopedic surgeon, assessed Ms. L for ICBC. He wrote that Ms L’s injuries did not give rise to any impairment in her function. The judge dismissed his opinion & wrote that: Continue reading

Judge awards $10,000 for housework done by her claimant’s family after her MVA

Ms William, 59, claimed that prior to her MVA she did the cooking & cleaning at home without her family’s help. 4 years after her MVA, Ms W still suffers from neck, back & chronic knee pain that limits her daily activity. As a result, her husband & adult son have done most of the cleaning & cooking in their home since her MVA. Continue reading

Judge awards young woman $425,000 for her loss of future earnings due to her inability to pursue a law enforcement career

Ms. Bains was 27 when she was injured in a car accident in 2013. She was interested in finding a career as a law enforcement officer. This would have required her to pass challenging strength & endurance testing.

She claimed at trial 4 years later that she was no longer able to do this work due to her ongoing injuries & limitations. Continue reading

79-year-old injured woman awarded $205,635 for the cost of her future care

Ms. Paterson, 79, lives on a 20-acre farm near Sooke, B.C. Three years after her car accident she continued to experience chronic neck pain & issues with her mood & memory. Her medical experts wrote that she requires ongoing treatment to manage her symptoms & that she will require assistance in the future with daily activities & house care. Continue reading

Office worker awarded $50,000 for her lost earning capacity – backed up by report of work capacity evaluator

Ms. Virk suffered neck, shoulders & back injuries in an accident. She returned in time to her job as an HR administrator which paid $41,600 per annum. She left this job about 2 years after her accident due to her ongoing pain. After three months at another job, she found her current position as a talent acquisition manager for a marketing company with an annual salary of $63,000. This is $21,400 more than she earned prior to her accident.  Continue reading

Judge awards man $30,000 for the extent mva worsened his condition but rejects loss of housekeeping capacity claim

Mr. Ben-Yosef was in a serious car accident in 1998 and never fully recovered. In 2011, 13 years later, he was struck by a car while in a crosswalk. He described the accident to his family doctor 2 weeks later — that he had been “bumped”.

At trial, Mr. B claimed that:

  • his 2011 accident worsened his ongoing symptoms from his 1998 injuries,
  • it had prevented him from being able to do his family’s housekeeping and
  • he hired a housecleaner to replace his work around the house.

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Court refuses to penalize claimant who tried to return to her pre-accident sport in spite of her pain

Ms. Hendry was an energetic 26 year old who loved sports at the time of her car accident in Burnaby in 2012.

Her accident caused her jaw soreness, neck & shoulder pain & shooting pain down her arms. She claimed that she missed work briefly before the start of her trial in 2015.

A year after her accident she entered an auto racing competition even though she said that her symptoms had only mildly improved by then. ICBC’s lawyer argued at her trial that:

  • this showed that she had fully recovered from her injuries within one year;
  • her accident did not cause her a significant injury; and
  • he should award her $20,000 – $30,000 for her pain and suffering.

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Functional Capacity Evaluation was key to proving loss of income claim

Mr. George’s car accident left him with intense headaches and back pain. He became employed as a steel detailer in Langley after his accident. He claimed that he periodically missed work due to his injuries and that he lost $20,000 in wages.

ICBC’s lawyer pointed out his sporadic income history and argued that Mr. George failed to prove any loss of income.

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Claimant’s pain doesn’t prove her inability to perform her job duties

Ms. McKay complained at her trial of ongoing pain. Her lawyer argued that her ongoing pain prevented her from performing her job duties at work and claimed $25,000 for her loss of future earning capacity.

The judge disagreed. On Feb 17th, 2015 she found that Ms. M’s complaints of pain alone did not establish that her pain prevented her from performing all of her duties at work. Accordingly, the judge declined to make any award for loss of future earning capacity.

Complaints of ongoing pain are generally not enough to prove such a claim.

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Judge awards woman with constant pain & headaches $90,000 for pain & suffering

Ms. Roth was injured in a motor vehicle accident in 2011. She experienced neck pain and headaches up to her trial three years after the accident. Her doctors thought her injuries did not affect her as much as she claimed. They were also quite optimistic about her future. They predicted that: Continue reading