Author: ERIK MAGRAKEN

ICBC “Impairment” Payments For Shoulder and Arm Ligamentous and Other Soft Tissue Disruption

In my ongoing efforts to highlight ICBC’s ‘permanent impairment regulations under no-fault insurance and the woeful reality of these payments today I’ll discuss the ‘meat chart’ numbers for permanent Shoulder and Arm Ligamentous and Other Soft Tissue Disruption.

By way of quick background, under the “permanent impairment regulation” if you suffer an injury with a ‘permanent impairment’ you are entitled to a lump sum.  But the sums are grotesquely low.  Here’s how it works.

A figure of $167,465 is the starting point.  Then, depending on your specific injury, (and remember, for many of these we are talking about not just the injury but those that have not recovered and are not expected to in the future) a fraction of this is awarded.

Let’s apply these figures to permanent Shoulder and Arm Ligamentous and Other Soft Tissue Disruption:

Item Column 1
Shoulder or arm non-bony disruption
Column 2
Percentage
1 Non-bony disruption subject to subsection (2), complete non-bony disruption or avulsion fracture affecting an upper limb 2%
subject to subsection (2), partial non-bony disruption or avulsion fracture affecting an upper limb 1%
2 Non-bony disruption rotator cuff tear, imaging positive, full thickness, with no known prior rotator cuff pathology 5%
rotator cuff tear, imaging positive, full thickness, with known prior rotator cuff pathology 2%
rotator cuff tear, partial thickness 2%
distal or proximal biceps tendon rupture, with no strength deficit in supination or elbow flexion 1%
distal or proximal biceps tendon rupture, with strength deficit in supination or elbow flexion 2%

For complete non bony disruption or avulsion fracture affecting an upper limb 2% = $3,350

For partial non-bony disruption or avulsion fracture affecting an upper limb 1% = $1,675

For rotator cuff tear, imaging positive, full thickness, with no known prior rotator cuff pathology 5% = $8,373

For rotator cuff tear, imaging positive, full thickness, with known prior rotator cuff pathology 2% = $3,350

For rotator cuff tear, partial thickness 2% = $3,350

For distal or proximal biceps tendon rupture, with no strength deficit in supination or elbow flexion 1% = $1,675

For distal or proximal biceps tendon rupture, with strength deficit in supination or elbow flexion 2% = $3,350

ICBC “Impairment” Payments for Permanent Shoulder and Arm Injuries With Non Bony Disruption

In my ongoing efforts to highlight ICBC’s ‘permanent impairment regulations under no-fault insurance and the woeful reality of these payments today I’ll discuss the ‘meat charts’ numbers for permanent shoulder and arm injuries with no bondy disruption.

By way of quick background, under the “permanent impairment regulation” if you suffer an injury with a ‘permanent impairment’ you are entitled to a lump sum.  But the sums are grotesquely low.  Here’s how it works.

A figure of $167,465 is the starting point.  Then, depending on your specific injury, (and remember, for many of these we are talking about not just the injury but those that have not recovered and are not expected to in the future) a fraction of this is awarded.

Let’s apply these figures to permanent shoulder and arm injuries with non bony disruption;

Item Column 1
Shoulder or arm non-bony disruption
Column 2
Percentage
1 Non-bony disruption subject to subsection (2), complete non-bony disruption or avulsion fracture affecting an upper limb 2%
subject to subsection (2), partial non-bony disruption or avulsion fracture affecting an upper limb 1%
2 Non-bony disruption rotator cuff tear, imaging positive, full thickness, with no known prior rotator cuff pathology 5%
rotator cuff tear, imaging positive, full thickness, with known prior rotator cuff pathology 2%
rotator cuff tear, partial thickness 2%
distal or proximal biceps tendon rupture, with no strength deficit in supination or elbow flexion 1%
distal or proximal biceps tendon rupture, with strength deficit in supination or elbow flexion 2%

Here’s the math:

For complete non-bony disruption or avulsion fracture affecting an upper limb 2% = $3,350

For partial non-bony disruption or avulsion fracture affecting an upper limb 1% = $1,675

For rotator cuff tear, imaging positive, full thickness, with no known prior rotator cuff pathology 5% = $8,373

For rotator cuff tear, imaging positive, full thickness, with known prior rotator cuff pathology 2% = $3,350

For rotator cuff tear, partial thickness 2% = $3,350

For distal or proximal biceps tendon rupture, with no strength deficit in supination or elbow flexion 1% = $1,675

For distal or proximal biceps tendon rupture, with strength deficit in supination or elbow flexion 2% = $3,350

ICBC “Impairment” Payments For Shoulder, Sternum, Clavicle, Rib and Arm Fracture and Rib Removal Under No Fault

Earlier I discussed how ICBC’s ‘permanent impairment regulation’ works under no-fault insurance and how woeful some of the payments are.  This is my latest in an ongoing series of posts highlighting these numbers for the various injuries so British Columbians can better understand how poorly serious injuries are treated.  Today’s topic are Shoulder, Sternum, Clavicle, Rib and Arm Fracture and Rib Removal.

To jog your memory, under the “permanent impairment regulation” if you suffer an injury with a ‘permanent impairment’ you are entitled to a lump sum.  But the sums are grotesquely low.  Here’s how it works.

A figure of $167,465 is the starting point.  Then, depending on your specific injury, (and remember, for many of these we are talking about not just the injury but those that have not recovered and are not expected to in the future) a fraction of this is awarded.

Let’s apply these figures to Shoulder, Sternum, Clavicle, Rib and Arm Fracture and Rib Removal.

Item Column 1
Shoulder, rib or arm fracture or rib removal
Column 2
Percentage
1 Fracture of sternum, clavicle, scapula or humerus with non-specified abnormal healing 1%
2 Subject to subsection (2), fracture of a rib 0.5% per rib to a maximum of 2%
3 Removal of a rib 2% per rib
4 Humeral fracture with angulation of more than 15° 5%
with angulation of 5° to 15° 2.5%
with shortening of more than 4 cm 5%
with shortening of more than 2 cm to 4 cm 3%
with shortening of 1 cm to 2 cm 1.5%
5 Chronic osteomyelitis of any upper limb bone with active drainage 3%

For Fracture of sternum, clavicle, scapula or humerus with non-specified abnormal healing 1% = $1,675

For fractured ribs 0.5%-2% = $837 – $3,350

For Removal of a rib 2% per rib = $3,350

For Humeral fracture the ranges of 1.5% – 5% = $2,507 – $8,373

For Chronic osteomyelitis of any upper limb bone with active drainage 3% = $5,024

ICBC’s “Meat Chart” Payments for Shoulder and Arm Amputations Under Monopoly No Fault Insurance

Earlier I discussed how ICBC’s ‘permanent impairment regulation’ works under no-fault insurance and how woeful some of the payments are.  I’ve decided to do a series of posts highlighting this pitiful numbers for the various injuries so British Columbians can better understand how poorly serious injuries are treated.  This will be the first in a series of posts.  Today I’ll discuss Shoulder and Arm Amputations.

To jog your memory, under the “permanent impairment regulation” if you suffer an injury with a ‘permanent impairment’ you are entitled to a lump sum.  But the sums are grotesquely low.  Here’s how it works.

A figure of $167,465 is the starting point.  Then, depending on your specific injury, (and remember, for many of these we are talking about not just the injury but those that have not recovered and are not expected to in the future) a fraction of this is awarded.

Let’s apply these figures to Shoulder and Arm amputations.

Item Column 1
Shoulder or arm amputation
Column 2
Percentage
1 Forequarter amputation 60%
2 Shoulder disarticulation 56%
3 Above-elbow amputation proximal third of the humerus 54%
(a) middle third of the humerus
(b) distal third of the humerus, or
(c) both the middle third and distal third of the humerus
52%

 

For forequarter amputation 60% = $100,479

For Shoulder disarticulation 56% = $93,780

For Above-elbow amputation (proximal third of the humerus) 54% = $90,431

For the remaining above-elbow amputations 52% = $87,081

Let’s Talk About ICBC’s Shameful “Enhanced Care” Meat Chart

So the public is slowly learning that ICBC ‘enhanced care‘ really means victims were stripped of their rights to sue bad drivers, to be properly covered for their wage loss, treatment expenses, pain and suffering and more.

When ICBC rolled out ‘enhanced care’ one of the soundbites they boasted about were lump sum payments that victims of  ‘catastrophic’ injuries and those with ‘permanent impairment’ will receive.

Under the tort system victims has the right to non-pecuniary damages.  Basically payment for pain and suffering.  The amount varying based on severity of injury.  There was no hard chart but readers of this site will have a good sense of the damages courts would award from the thousands of case summaries here.  Chronic pain, physical and psychiatric injuries would routinely have awards over six figures.  Truly catastrophic injuries would bring non-pecuniary damages near the ‘rough upper limit’ of Canadian negligence law over $400,000.

Let’s look at some sobering numbers of what these real damages have been replaced with.

Under the “permanent impairment regulation” if you suffer an injury with a ‘permanent impairment’ you are entitled to a lump sum.  But the sums are grotesquely low.  Here’s how it works.

A figure of $167,465 is the starting point.  Then, depending on your specific injury, (and remember, for many of these we are talking about not just the injury but those that have not recovered and are not expected to in the future) a fraction of this is awarded.

Let’s do some math under this meat chart.  Here’s the ‘enhanced care’ for the following permanent injuries

Fracture sternum = 1% = $1,675

Fractured forearm with ‘non specifid abnormal healing’ = 1% = $1,675

Scaphoid fracture with avascular necrosis = 2% = $3,349

Pelvic fracture with non-specified abnormal healing = 1% = $1,675

Distal above knee AMPUTATION = 35% = $58,612

Fracture femur (biggest bone in the body!) with non-specified abnormal healing = 1% = $1,675

Thigh muscular atrophy of 2 cm or more = 2% = $3,349

Knee fracture with non specified abnormal healing = 1% = $1,675

Avulsion fracture affecting the knee or leg = 2% = $3,349

Post traumatic patellofemoral pain syndrome = 1% = $1,675

AMPUTATION of the ankle = 25% = $41,866

Compression fracture of the low spine with loss of height under 25% = 2% = $3,349

Post traumatic alteration of brain tissue with laceration or intracerebral hematoma = 2% = $3,349

Folks, I could go on.  There are hundreds of other examples in this ICBC meat chart.  The numbers are woeful.  Bottom line for British Columbians – you better hope you never get seriously impaired by the careless driving of another in this Province.  If you do ICBC will add insult to your injury by way of their meat chart.

Tesla Crash Illustrates One of Few Potential Exceptions to ICBC “No-fault” Laws

This week it was reported that a Tesla “suddenly accelerates’ into BC Ferries ramp, breaks in two.

Despite the charged headline the body of the article makes it clear that the cause of the crash is unknown with police investigating whether “either a mechanical issue, or a matter concerning the driver, which may have caused the sudden acceleration.”.

For the sake of a teachable moment under current BC law let’s assume the former.

BC is now a no-fault jurisdiction.  This means that crash victims cannot sue those responsible for the crash.  Hit by a texting driver?  Too bad.  Hit by a distracted driver?  Too bad.  Someone ran a red light and smashed into your vehicle?  Too bad?  Pedestrian hit by a speeding driver that lost control?  Too bad.

The law has carved few exceptions to this harsh reality.  One of the rare exceptions is if a vehicle manufacturer or mechanic negligently created a mechanical defect.  If something like that can be proven then crash victims have limited rights to sue to recover non pecuniary damages.

The limited list of exceptions in part reads as follows:

(a)a vehicle manufacturer, respecting its business activities and role as a manufacturer;

(b)a person who is in the business of selling vehicles, respecting the person’s business activities and role as a seller;

(c)a maker or supplier of vehicle parts, respecting its business activities and role as a maker or supplier;

(d)a garage service operator, respecting its business activities and role as a garage service operator;

(e)a licensee within the meaning of the Liquor Control and Licensing Act whose licence authorizes a patron to consume liquor in the service area under the licence, respecting the licensee’s role as a licensee in the sale or service of liquor to a patron;

(f)a person whose use or operation of a vehicle

(i)caused bodily injury, and

(ii)results in the person’s conviction of a prescribed Criminal Code offence;

(g)a person in a prescribed class of persons.

See the theme?  So long as ICBC is not on the hook for the payout they are ok with you having the right to sue.

Icy Property and the Standard of Care

The BC Lower Mainland and South Island just had one of our biggest snowfalls on record.

I’ll keep this short.

Here’s how an ambulance chaser sees a nice winter City walk.

One of these property owners met the standard of care.  One would pretend they did.  One did not even bother trying.

Be nice, clear your ice!

Thank you CBC News For Helping Spread Brain Health Awareness in Combat Sports

Update December 16, 2022 – This week CBC On The Coast with Gloria Macarenko did a follow up story on this initiative.  You can listen to the clip here.  And thank you ONE Championship world heavyweight title holder Arjan Bhullar for the kind words and helping spread brain health knowledge in combat sports!

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One of my responsibilities is volunteer work with the charitable organization Fighting Foundation.

Fighting Foundation is helping bring education, resources, research and other services to the combat sports community.  One of the projects we’ve been advocating for in recent months is brain health awareness for combat sports gyms and practitioners.  There is encouraging data that better educated fighters sustain less long term brain harm.

We teamed up with the Association of Ringside Physicians (the best combat sports doctors from around the world) and together created posters sharing key messaging about CTE and concussions for fight gyms.  We are looking to bring this information to gyms around the world.

Thank you CBC news for highlighting this work on numerous of your platforms this week.  Below are some of the clips for those interested along with links to our brain health knowledge posters for gyms.

Link to interview with Gloria Macarenko

Link to CBC News article.

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Only 6% of polled combat sports coaches had adequate brain health knowledge.

Let’s get that to 100%.

This link will take you to high resolution PDF files of the posters co-created by Fighting Foundation and the Association of Ringside Physicians. (The CTE poster has two options to choose from, one with all the information on one page and one where it is spread over two pages).

Please print them.

Post them in your gym.

Take a pic and share on social media with the hashtags #BrainHealthMatters #FightingFoundation and tag your gym as well!

Let’s get these into as many gyms as possible!

 

 

BC Child Protection Agency Ordered To Pay Over $150,000 Damages For Human Rights Violation

The below guest post authored by MacIsaac & Company’s Human Rights lawyer Kayla Bergsson

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In a recent decision, the BC Human Rights Tribunal held that an Indigenous mother was discriminated against in her interactions with a child protection agency that retained custody of her children and strictly restricted her access to them for nearly three years. The mother was awarded $150,000 as compensation for injury to her dignity, feelings, and self-respect. This is the second highest award under this category in the tribunal’s history.

Governments in what’s now called Canada have interfered with the relationships between Indigenous caregivers and their children for generations. First, governments, police, and churches forcibly removed children from their homes and families and brought them to residential schools. Then there were the Sixties and Millennium Scoops. Indigenous children in care continue being overrepresented and underserved.

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Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

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