ICBC Law

Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, addressing fair compensation for chronic “mechanical” injuries.

In today’s case (Raun v. Suran) the Plaintiff was involved in a “violent” rear-end collision in 2005.  His vehicle was written off.  ICBC admitted fault on behalf of the rear motorist.  The trial focused on the value of the Plaintiff’s claim.  The Plaintiff asked for approximately $250,000 in total damages.  The Defendant argued that an award below $20,000 was more appropriate.

The Plaintiff’s claim was largely successful and he was awarded just over $170,000 for his injuries and losses. The Court found that the Plaintiff suffered a variety of injuries including mechanical spine pain of a chronic nature.  Dr. Chu provided the following useful and concise definition of “mechanical” spine pain:

My diagnostic impression is that he has ongoing mechanical pain in his neck and low back as well as right shoulder. Mechanical spinal pain refers to pain originating from specific mechanical structures that can be pain generators. There are various structures in the spine that can produce pain such as the facet joint, disc, ligaments, and bone. In Mr. Raun’s case it seems to be mostly facet joint pain in the lower neck and lower back.

Often times though, when there is deeper mechanical pain the muscles around the area tend to tense up to guard it and after a while that can lead to a chronic myofascial pain or regional muscle pain.

Mr. Justice Curtis accepted this evidence and went on to award the Plaintiff $75,000 for his non-pecuniary damages.  In arriving at this assessment the Court made the following findings:

[25] I find it to be proven that Mr. Raun suffered injury to his right shoulder, left knee, neck, middle and upper back caused by the July 12, 2005 collision.  The mid back and knee injuries cleared up in a month or two but Joel Raun has continued to suffer right shoulder, neck and lower back pain of a mechanical and soft tissue origin which have affected him up to the date of trial, almost five years later.  The prognosis for his right shoulder is good and he should in time and with continued exercise essentially recover from that injury but the prognosis for neck and low back pain is guarded.  He will continue to have pain in those areas for some unknown time into the future.  The shoulder, neck and back pain have significantly affected this young man.  Mr. Raun’s success in life and much of his enjoyment of it centered around athletic achievement.  From the summer he was 17 he has been prevented from pursuing his athletic interests with the competitiveness, rigour and youthful abandon that would have been open to him but for his injuries.  His neck and back in particular will continue to cause him pain and restrict his activities into the future.  On the other hand, Mr. Raun can perform normal functions and can still participate in sports. I  assess a fair and reasonable amount for his pain and suffering and loss of enjoyment of life at $75,000.