Category Archives: Treatment Expenses

Study finds association between muscle strengthening activity & lower odds of low back pain

In a study published in August 2017, researchers measured the association between low back pain (LBP) & muscle-strengthening activity (MSA) in adults. They found that engaging in MSA at least 2 times per week was associated with having lower odds of having LBP. However, they found that this association did not hold in male smokers. Continue reading

Periodic rhizotomies over time will help claimant’s facet joint back pain — $100,000 for lost future earning capacity

Ms. Villing suffered from continuing low back pain at her trial 5 years after her accident. This caused her some difficulty handling her part-time job as a legal assistant.  ICBC hired an orthopaedic surgeon to assess Ms. V. He stated that a procedure called a rhizotomy would improve her back pain but would need repeating over time.

 

In spite of the optimism of the surgeon ICBC hired, the trial judge awarded Ms. V. $100,000 for her loss of future earning capacity. ICBC appealed this award to the B.C. Court of Appeal. Three of its judges affirmed the trial judge’s award.  Continue reading

Judge orders ICBC to pay claimant the cost of Botox® treatments & Butrans® patch

Mrs. Merko’s two accidents left her with chronic pain which severely impacted her quality of life. Her neurologist who treats her headaches & her GP recommended:

  • an exercise program;
  • Botox® injections for her headaches which got worse after her mva’s &
  • Butrans® patches & other medications to manage her high level of pain.

Continue reading

Judge orders ICBC to reimburse claimant for the cost of a private MRI

As a result of his accidents, Mr. Uppal suffered from back pain which radiated down his lower leg. On doctor’s orders, he went for an MRI to determine the exact cause of his symptoms.  He went to a private facility for his MRI and paid out-of-pocket instead of waiting to obtain a free MRI at a hospital.

At issue was whether or not it was reasonable for Mr. U to obtain a private MRI when public healthcare is free.

Continue reading

Judge rejects ICBC’s expert claim that a rhizotomy will cure the claimant’s low back pain – awards $230,000

Mr. Dzumhur suffered from chronic back pain as a result of a car accident in 2012 and was unable to work at his job at UPS.

At issue in the trial was whether or not there was treatment available that would give him full recovery from his chronic back pain.

ICBC medical specialist, Dr. Rickards, wrote that there were two procedures that would cause Mr. D. to experience a complete and full recovery from his accident and to see a return to his pre-accident work and recreational activities. They are:

  • “medical branch blocks” (diagnostic blocks) followed by
  • a rhizotomy

Continue reading

Judge rejects ICBC lawyer’s claim that treatments for car accidents must be recommended by a doctor

After his accident, Mr. Derksen visited a number of treating people on his own accord for his injuries. No doctor had recommended them. He spent a total of $27,000 on massage therapy, physiotherapy, chiropractic and kinesiology. He went to trial to recover these expenses from ICBC.

ICBC’s lawyer argued that the treatments Mr. D took must have been recommended by his doctor before he is entitled to recover what he spent for them.

Continue reading

Judge denies claim for the cost of special mattress and pillow

The claimant Ms. Lemyre was involved in a collision in 2010. As a result of the accident, the claimant had ongoing neck pain. Five years later at trial, she sought compensation for her injuries sustained in the accident. Part of her claim was for two expenses that she claimed were necessary to her recovery.

She sought compensation for a posture care mattress and a water pillow which she believed would reduce her level of pain.

Continue reading

Judge awards claimant the cost of a treadmill he purchased to relieve his back pain

The claimant, Mr. Chenier’s, car was struck by another vehicle. This left him with significant pain across the shoulders. These symptoms persisted until the date of his trial.

A doctor trained in sports medicine testified for the claimant at trial. He noticed that when the claimant walked slowly on a treadmill he experienced relief from his back pain. Mr. Chenier therefore claimed for the cost of a treadmill.

ICBC’s lawyer argued that the cost of a treadmill was unnecessary. Continue reading

Judge disallows claim for interest on loan to pay for treatment

Ms. McKay required chiropractic treatments, exercise programs & psychological counseling as a result of her car accident. She did not have the money to pay these treatments, so she borrowed the money.

On Feb. 17th 2015 the judge ordered ICBC to compensate her for the cost of these treatments but not for the interest she paid out in order to finance her treatments.

Continue reading

Claimant rejects shoulder surgery – See how judge rules

Mr. Tabatabaei suffered an injury to his shoulder due to a car accident. Mr. T’s lawyers and ICBC each hired an orthopaedic surgeon to assess him and provide a report. They disagreed on the appropriate treatment.

Dr. Tarazi, the claimant’s expert, concluded that:

  • surgery would not improve Mr. T’s symptoms.
  • Mr. T will likely have ongoing pain and
  • he will require manual therapy 15 to 20 times per year for the rest of his life.

In spite of the surgeon that ICBC hired recommending surgery the judge awarded Mr. T. $15,000 for the cost of future manual therapy.

Continue reading

Large award after neurologist explains the cause, treatment & prognosis of headaches from whiplash

 Dr. Robinson is a senior neurologist in Vancouver who has a very well respected practice treating patients with headaches. He testified recently in the Supreme Court of B.C. in the case of Forder v. Linde.

He gave his insights into the treatment of headaches after a whiplash injury as well as his prediction of the future (prognosis). These would be valuable to anyone suffering from headaches after a whiplash injury.

Mr. Justice Crawford awarded the claimant a total of $835,600 for her damages.

He summarised Dr. Robinson’s report and testimony as follows: Continue reading

Judge orders ICBC to fund a marijuana ointment program for pain control followed by an exercise program

Justice Greyell of the B.C. Supreme Court accepted the recommendations of the injured claimant’s medical specialist, Dr. Hershler, and awarded her $6,500 to fund a six months program of medical marijuana used by way of an ointment in order to control her pain so as to allow her to be able to work with a physiotherapist for 20 session in order to build up her core strength and increase her range of motion.  Continue reading

Judge awards $46,527 for the cost of future care of a plaintiff with chronic pain, including a full pain program

On April 25, 2014 Madame Justice Ross gave her reasons in this case. She first quoted the legal principles governing an award for cost of future care which were recently summarized by Mr. Justice Wong… The principles included the following:

Continue reading

Judge awards the cost of a gym membership & some physio for flare-ups to age 65

On April 14, 2014 Justice Bruce Greyell gave reasons for judgement in Parhar v. Dawe. He concluded that Mr. Parhar suffered from chronic pain resulting from a whiplash injury he suffered in a rear end collision over 5 years earlier and awarded him a total of $17,820 for “reasonable and medically justified future care service costs”: Continue reading

Judge orders funding for future acupuncture, prolotherapy, kinesiology & physiotherapy

On March 27, 2014, Mr. Justice Verhoeven of the Supreme Court of B.C. gave his decision case of Hart v. Hansma. He concluded that Mr. Hart will need knee and possibly shoulder surgery due to his injuries in a car accident and that: “In general, the evidence is that the plaintiff finds relief and is better able to cope using therapies such as acupuncture, prolotherapy, and physiotherapy. His family doctor is in favour of at least some continued therapies.” and awarded him $20,000 for the cost of future treatment. Continue reading

A hot tub or sauna that helps one cope with pain – a judge may order reimbursement

On March 27, 2014 Mr. Justice Verhoeven of the Supreme Court of B.C. handed gave his decision in a New Westminster personal injury case called Hart v. Hansma. He concluded that:

“Based upon the evidence of Mr. and Mrs. Hart in the context of all of the evidence in the case, in my view the expense [of a home sauna] is reasonable and justified.” Continue reading

Botox – court orders funding

On April 11, 2014 a judge awarded an injured person $15,000 for her future cost of Advil, a sleeping pill and the possibility of Botox treatments

People often suffer from myofascial pain syndrome after a car accident, particular after a whiplash type injury.

Myofascial pain syndrome is a chronic, painful condition associated with areas of increased muscle tone, which are clinically felt as tight bands punctuated by small areas that are very tender to pressure, often called trigger points. Continue reading