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
Yoga can be as likely to be effective as physical therapy in relieving moderate & persistent low back pain according to a recent study of 320 people published in the Annals of Internal Medicine. Researchers assigned 320 people ages 18 to 64 to one of three groups. Each group did one of: Continue reading
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
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.
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.
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
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.
Dr. Hancoff was a passenger in a car that was struck from behind in Burnaby. As a result, he suffered from chronic lightheadedness and nausea. These persisted up until the day of his trial. He had to reduce his hours devoted to exercise. He stopped playing hockey and did minimal running and biking.
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.
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
Ms. Gleason was struck by a vehicle in Maple Ridge. After her accident she tried to manage her pain by taking many over-the-counter medications.
ICBC’s lawyer objected to these claims on the basis that Ms. Gleason did not produce receipts.
Mr. George was struck by a vehicle in Abbotsford. To relieve his pain, Mr. George must travel a long distance to his rehabilitation programs.
Ms. Brown’s severe shoulder pain following her injury left her seeking compensation at trial. At trial, ICBC’s lawyer argued that her damages should be reduced because she unreasonably failed to comply with her medical advice.
Ms. Brown had severe ongoing shoulder pains since her car accident. Her pains will likely be long term, according to her medical experts.
Before her accident, she regularly received massage therapy treatments.
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.
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.
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
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
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:
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
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
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
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