Category Archives: Wage Replacement

If I can’t do all the duties of my own business can I recover from ICBC my cost of hiring help?

Continue reading

Judge orders ICBC to pay basic, not extended, disability benefits after it refused to pay them

Ms. Powell’s suffered from neck & upper & lower back pain after her accident. After a short recovery period, she returned to work part-time. She worked for three years part-time but then stopped working because of her ongoing pain.

Ms. P then applied for ICBC basic total disability benefits of only $300 per week. ICBC denied them because she did not receive them within the first 2 years following her accident.

If one is completely disabled from working as a result of a car accident one can apply to ICBC for either basic or extended wage replacement benefits (of up to $700 per week tax free) in accordance with the rules explained below.

Continue reading

Claimant compensated for the sick leave & vacation pay she used after her mva – income tax was ignored

The claimant was paid sick pay which she had accumulated in her sick pay bank & also used her vacation pay after she was injured. Unlike a claim for lost wages, the judge did not make a deduction for income tax. It is normally deducted by the court from a wage loss claim.

Justice Weatherill concluded in the case of Chingcuangco v. Herback on February 20, 2013 that “I am satisfied that the plaintiff is entitled to be compensated for her lost sick leave and vacation benefits…  There will be no deduction for income tax…” Continue reading

ICBC must pay a meager disability benefit

ICBC must pay disability benefits to a person injured commuting to his third day of work. His entitlement was only $300 per week as he failed to buy proper ICBC disability insurance.

An injured person phoned me last week after ICBC refused to pay him disability benefits. He had not worked in the year before his accident because he was a student. However he started a job two days before his accident. Continue reading