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CRT Green Lights Multiple Efforts For Permanet Impairment Applications

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

I’ve written previously about BC’s new ‘permanent impairment’ regulation.  A crude meat chart giving nominal payments to permanently inured BC crash victims in the no-fault era.  I hate using this crude language but if you look at the profoundlyhttps://bc-injury-law.com/category/icbc-permanent-impairment-regulation/ low numbers I imagine you will agree.

It is not always clear when an injury is permanent.  Some health care practitioners may express optimism when prognosticating an injury’s fate while others may be quicker to conclude things are as good as they will get.  Interesting reasons for judgement were recently published by BC’s Civil Resolution Tribunal noting that if an applicant fails in a claim for a permanent impairment decision because the prognosis is premature nothing precludes them from bringing the same claim in the future.

In the recent case (Bate v. ICBC) the self represented litigant applied for permanent impairment damages but the claim was dismissed with the Tribunal noting that on a balance of probabilities they failed to prove their injuries were indeed permanent.  The Tribunal went on to note though that the failed application was not a barrier to a further application dealing with the same injury in the future.  Specifically the Tribunal noted as follows:

 As noted, Mr. Bate, in order to successfully claim for permanent impairment compensation, must show that it is more likely than not that his injuries are “permanent” as defined by section 10(1) of the PIR. I find he has not done so. So, I dismiss his claim for permanent impairment compensation at this time. Nothing in this decision prevents Mr. Bate from reapplying for permanent impairment compensation if and when his injuries become permanent.

ICBC “Impairment” Payments For Range of Motion Loss of Shoulder Joint Complex

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

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 range of motion loss of the shoulder joint complex.

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 Range of motion loss of the shoulder joint complex:

Item Column 1
Range of motion loss of shoulder joint complex		 Column 2
Percentage
1 Flexion-extension, which is described as motion in the scapular plane combined range of motion of less than 61° 9%
combined range of motion of 61° to 120° 5%
combined range of motion of 121° to 180° 2%
combined range of motion of more than 180° 0%
2 Abduction-adduction, which is described as motion in the coronal plane combined range of motion of less than 61° 6%
combined range of motion of 61° to 120° 3%
combined range of motion of 121° to 180° 1%
combined range of motion of more than 180° 0%
3 Internal rotation — external rotation combined glenohumeral range of motion of less than 46° 6%
combined glenohumeral range of motion of 46° to 90° 3%
combined glenohumeral range of motion of 91° to 135° 1%
combined glenohumeral range of motion of more than 135° 0%

For Flexion-extension, which is described as motion in the scapular plane

combined range of motion of less than 61° 9% =  $15,072

combined range of motion of 61° to 120° 5% = $8,373

combined range of motion of 121° to 180° 2% =  $3,350

combined range of motion of more than 180° = 0% = $0.00

For  Abduction-adduction, which is described as motion in the coronal plane

combined range of motion of less than 61° 6% = $10,048

combined range of motion of 61° to 120° 3% = $5,024

combined range of motion of 121° to 180° 1% = $1,675

combined range of motion of more than 180° 0% = $0.00

For Internal rotation — external rotation

combined glenohumeral range of motion of less than 46° 6% = $10,048

combined glenohumeral range of motion of 46° to 90° 3% = $5,024

combined glenohumeral range of motion of 91° to 135° 1% = $1,675

combined glenohumeral range of motion of more than 135° 0% = $0.00

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

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

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

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

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

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

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

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation.

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

Written by ERIK MAGRAKEN on . Posted in ICBC permanent impairment regulation, Uncategorized.

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.