Botox Injections for Rehabilitation and ICBC No-Fault Benefits
You are insured with ICBC and are injured in a BC Car Accident. You experience chronic pain and your doctor tells you that you will likely benefit from Botox Injections to aid in your rehabilitation. Botox treatment is expensive, so you apply to ICBC to have this covered under your No-Fault Benefits (sometimes referred to as Part 7 benefits). ICBC tells you, “sorry, Botox treatment for injury is not covered under Part 7.” Are they right? Wrong.
Reasons for judgment were released today by the BC Supreme Court ordering that ICBC cover the expenses associated with a Plaintiff receiving Botox treatment.
The Plaintiff was injured in a 2005 BC car crash. The Plaintiff applied for and received previous funding for various treatments of injuries from ICBC. The Plaintiff then saw a rehabilitation specialist who recommended Botox injections. The cost of these was expected to be $3,500. ICBC, without a contrary medical opinion as to the reasonableness of this treatment, failed to fund it and took the position that this expense did not have to be covered.
Section 88 (1) of the Insurance (Vehicle) Regulation deals with ICBC’s no-fault medical and rehabilitation benefits and requires that ICBC cover all reasonable expenses incurred by the insured as a result of the injury for necessary services, therapy or treatment as set out in the Regulation.
Justice Macaulay, in very well thought out reasons for judgment, ordered that ICBC had to pay for the Botox injections in the circumstances of this case. The key reasoning in the judgment can be found at paragraphs 33 – 40 which I will publish as soon as the judgement is released on the BC Court’s website.
This case is also very interesting to me from a procedural point of view. The Plaintiff brought this application by way of summary trial under Rule 18-A. The Plaintiff relied on his affidavit and a medico-legal report. ICBC did not have the opportunity to cross examine the Plaintiff or the treating doctor and typically litigants are entitled to do so. ICBC took the position that this application should not be heard until they had the chance to cross-examine.
Mr. Justice Macaulay disagreed with ICBC and allowed the application to proceed. He ruled that “There is nothing to be gained by directing cross examination of either the doctor or the Plaintiff. The doctor makes it clear that she recommends this treatment as one of several options because the plaintiff’s lower back problems have been intractable. It is primarily a legal issue whether that is sufficient to trigger an obligation on ICBC under s. 88(1). There is also no reason to expect that the cross examination of the plaintiff will result in any alteration of the evidence…cross examination will not be ordered [in Rule 18A summary trials] absent some likelihood that the procedure will produce evidence in support of the other side…I am satisfied that the proposed cross-examination of the plaintiff and his doctor are speculative and not likely to produce evidence in support of ICBC.”
botox, ICBC and Botox Injections, icbc injury claims, icbc no fault benefits, icbc part 7 benefits, Rule 18A, summary trial, tiessen v. icbc
I just want to tell you that I’m newbie to weblog and really enjoyed this website. Very likely I’m likely to bookmark your blog post . You absolutely come with really good article content. Bless you for revealing your blog site.
Hi, Neat post. There’s an issue along with your site in web explorer, might check this¡K IE still is the marketplace leader and a big component to other people will pass over your excellent writing because of this problem.
The very root of your writing while sounding reasonable at first, did not sit perfectly with me after some time. Someplace throughout the sentences you actually managed to make me a believer but only for a very short while. I however have got a problem with your leaps in logic and one might do well to help fill in all those breaks. When you actually can accomplish that, I could surely be amazed.
fotograf slubny Wadowice
Thank you, I’ve recently been searching for info about this topic for a long time and yours is the greatest I have discovered till now. However, what about the bottom line? Are you sure in regards to the supply?
I was looking at some of your blog posts on this site and I believe this web site is rattling instructive! Retain posting.
I as well as my guys have been looking at the best things from your web page then unexpectedly I got a horrible suspicion I never thanked the site owner for those strategies. All of the guys appeared to be for that reason passionate to learn all of them and already have certainly been taking advantage of these things. We appreciate you getting simply accommodating as well as for making a choice on this kind of beneficial subject areas most people are really desirous to discover. My sincere regret for not expressing gratitude to you sooner.
marcel van hooijdonk
I’ve read some just right stuff here. Certainly value bookmarking for revisiting. I surprise how much effort you set to make one of these wonderful informative site.
Underground Elephant San Diego
Youre so cool! I dont suppose Ive learn something like this before. So nice to find somebody with some original thoughts on this subject. realy thank you for starting this up. this web site is something that’s wanted on the internet, somebody with a bit originality. useful job for bringing one thing new to the web!
agen poker online
I found your blog website on google and verify a few of your early posts. Proceed to maintain up the very good operate. I just further up your RSS feed to my MSN News Reader. Looking for forward to studying more from you afterward!…
location range rover
You can certainly see your enthusiasm within the paintings you write. The arena hopes for even more passionate writers like you who are not afraid to mention how they believe. At all times go after your heart. “Until you walk a mile in another man’s moccasins you can’t imagine the smell.” by Robert Byrne.
agen poker online
I was recommended this blog by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You’re incredible! Thanks!
I think this web site holds some rattling fantastic information for everyone :D. “Calamity is the test of integrity.” by Samuel Richardson.
situs poker online
Heya! I’m at work surfing around your blog from my new iphone 4! Just wanted to say I love reading through your blog and look forward to all your posts! Keep up the great work!
situs poker online
Keep working ,great job!
Also I believe that mesothelioma is a unusual form of cancer malignancy that is commonly found in these previously subjected to asbestos. Cancerous tissue form inside mesothelium, which is a shielding lining which covers the vast majority of body’s organs. These cells commonly form inside the lining of the lungs, belly, or the sac that really encircles one’s heart. Thanks for sharing your ideas.
Undeniably believe that which you stated. Your favorite reason appeared to be on the internet the easiest thing to be aware of. I say to you, I definitely get annoyed while people consider worries that they plainly do not know about. You managed to hit the nail upon the top and also defined out the whole thing without having side effect , people could take a signal. Will probably be back to get more. Thanks
Good write-up, I am normal visitor of one’s web site, maintain up the nice operate, and It’s going to be a regular visitor for a long time.
Hello, you used to write great, but the last several posts have been kinda boring… I miss your tremendous writings. Past few posts are just a bit out of track! come on!
затворы sung do
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your point. You clearly know what youre talking about, why waste your intelligence on just posting videos to your site when you could be giving us something informative to read?
excellent put up, very informative. I ponder why the other experts of this sector don’t notice this. You must continue your writing. I am sure, you have a huge readers’ base already!
Hello! Do you know if they make any plugins to help with SEO? I’m trying to get my blog to rank for some targeted keywords but I’m not seeing very good success. If you know of any please share. Kudos!
I do agree with all of the concepts you have presented for your post. They’re really convincing and will definitely work. Nonetheless, the posts are very brief for newbies. May you please prolong them a little from next time? Thank you for the post.
Hello! This post couldn’t be written any better! Reading through this post reminds me of my old room mate! He always kept chatting about this. I will forward this write-up to him. Pretty sure he will have a good read. Thanks for sharing!
Wow! Thank you! I constantly needed to write on my blog something like that. Can I take a portion of your post to my website?
A person essentially assist to make seriously posts I might state. That is the first time I frequented your website page and to this point? I surprised with the research you made to create this actual post extraordinary. Wonderful process!
I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. Personally, if all webmasters and bloggers made good content as you did, the internet will be much more useful than ever before.
you are actually a excellent webmaster. The website loading speed is incredible. It seems that you’re doing any distinctive trick. In addition, The contents are masterpiece. you have performed a fantastic activity on this subject!
watch game of thrones online free
Nice read, I just passed this onto a friend who was doing a little research on that. And he actually bought me lunch as I found it for him smile So let me rephrase that: Thanks for lunch!
Thanks, I have just been searching for information approximately this topic for a while and yours is the greatest I’ve came upon till now. However, what in regards to the bottom line? Are you positive about the source?
I’m impressed, I need to say. Actually rarely do I encounter a weblog that’s both educative and entertaining, and let me tell you, you may have hit the nail on the head. Your concept is excellent; the problem is something that not enough people are speaking intelligently about. I am very joyful that I stumbled throughout this in my seek for something regarding this.
I’m not sure exactly why but this site is loading incredibly slow for me. Is anyone else having this issue or is it a issue on my end? I’ll check back later on and see if the problem still exists.
Praca Dla Opiekunki W Niemczech
Great – I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs as well as related information ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your customer to communicate. Nice task.
Thankyou for helping out, superb information.
Simply wanna input on few general things, The website layout is perfect, the subject material is real fantastic : D.
I am not sure where you’re getting your information, but great topic. I needs to spend some time learning much more or understanding more. Thanks for great info I was looking for this info for my mission.
I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get got an impatience over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly a lot often inside case you shield this hike.
Great write-up, I am normal visitor of one’s website, maintain up the nice operate, and It is going to be a regular visitor for a lengthy time.
bulk smco magnets
Wow! Thank you! I continuously needed to write on my website something like that. Can I include a portion of your post to my website?
Hello There. I found your blog using msn. This is an extremely well written article. I’ll be sure to bookmark it and return to read more of your useful info. Thanks for the post. I’ll certainly comeback.
What’s Happening i am new to this, I stumbled upon this I have found It positively useful and it has helped me out loads. I’m hoping to contribute & aid other customers like its helped me. Great job.
Projektowanie Stron WWW Gorzow
I’ve recently started a blog, the info you provide on this website has helped me tremendously. Thank you for all of your time & work.
I was suggested this web site by my cousin. I am not sure whether this post is written by him as nobody else know such detailed about my trouble. You are amazing! Thanks!
You made some fine points there. I did a search on the issue and found a good number of people will agree with your blog.
pembesar alat vital alami
My brother recommended I might like this blog. He used to be totally right. This submit actually made my day. You cann’t imagine simply how much time I had spent for this info! Thanks!
Hello there, I discovered your site by way of Google at the same time as looking for a related topic, your web site came up, it seems great. I’ve bookmarked it in my google bookmarks.
Comments are closed.