A Creative Sick Leave Benefits Award

Reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, making an interesting award with respect to past wage loss covered by a sick leave plan.
In this week’s case (Bulpitt v. Muirhead) the Plaintiff, a firefighter, was injured in a  2007 collision.  He did not suffer an actual wage loss as “he received all of the wages he would otherwise have received had the accident not occurred as sick leave benefits to which he was entitled as an employee of the City of New Westminster“.   These benefits were subject to a subrogation agreement which was put into evidence.  The court expressed concern about whether this was a sufficient basis to make an award for past loss of wages.  Instead, the court did not award money for past wage loss but used its inherent jurisdiction to make a blanket order that the Defendant provide full indemnity to the plaintiff in respect of any amount of the judgement that the plaintiff is, or becomes, obligated to re-pay the City.  In reaching this decision Mr. Justice Weatherill provided the following reasons:
[102]     The only evidence proffered by the plaintiff during the trial in respect of a claim for past wage loss came in the form of a letter dated June 6, 2008 from a payroll clerk with the City of New Westminster to ICBC.  It states:
“Please find enclosed the completed Certificate of Earnings form for [the plaintiff].  I am also attaching a copy of the subrogation agreement from the Collective Agreement for The City Firefighters’ Union, Local 256.
The gross pay lost up to May 30, 2008 due to [the Accident] is $20,365.56.  Please be aware that his sick claim is still ongoing so this figure is not a final amount.
When a settlement has been reached, please forward to my attention the total amount of earnings lost due to this accident, plus any interest attributed to those earnings, payable to the City of New Westminster.  This will allow us to credit Mr. Bulpitt’s sick plan and return any gratuity hours that he lost due to the accident.               
[Emphasis added]
[103]     The attached “subrogation agreement” states:

Sick Leave Recovery

a) An employee may use sick leave credits for time lost through accidental injuries PROVIDED THAT prior to making a claim or commencing an action for damages against a third party in respect of such injuries, he shall notify the Employer of such claim and enable the Employer the opportunity to be represented in all proceedings or settlement discussions relating to the claim.  Any such claim shall include a claim for loss of wages including pre- and post- judgement interest, and to the extent that recovery is made, such amount will be reimbursed to the Employer.  The Employer will reimburse the employee, fifty percent (50%) of the cost of the legal fees certified by the employee’s legal counsel as being attributed to providing the wage/benefit loss claim.
[104]     During argument at trial, I expressed to plaintiff’s counsel my concern that this evidence was insufficient to prove the employer’s right to make a subrogated claim for the wage benefits it had paid to the plaintiff while he was unable to work due to his Accident-related injuries…
[108]     Regardless, it is my view that the June 6, 2008 letter and the excerpted portion of the Collective Agreement is evidence that the plaintiff’s sick leave benefits were not as they would have been but for the Accident.  Clearly, there was a benefit plan that had been negotiated by the City and the firefighters’ union the terms of which were contained in the Collective Agreement.  Further, this letter is evidence of what it will take to restore the plaintiff’s sick leave plan to its pre-Accident status.
[109]     In all cases, the court retains residual power to grant appropriate relief through its inherent jurisdiction: Anderson v. Buydens, [1998] B.C.J. No. 2675 at para.16 (S.C.).  In this case, a miscarriage of justice would result if the plaintiff was awarded nothing for past wage loss because he received benefits from his employer yet the employer was able to “claw back” those same benefits by way of a right of subrogation.  I am satisfied that there ought to be a provisional award for past wage loss in this case.  The plaintiff is entitled to full indemnity from the defendants in respect of any amount to which the plaintiff is or becomes obligated to re-pay to the City of New Westminster in respect of benefits he received as a result of the Accident.
 

bc injury law, Bulpitt v. Muirhead, Mr. Justice Weatherill, sick bank benefits and icbc claims, Subrogation

Comments (72)

  • I have seen a great deal of useful items on your internet site about pc’s. However, I have the impression that laptop computers are still more or less not powerful adequately to be a good option if you typically do projects that require a lot of power, like video editing and enhancing. But for internet surfing, word processing, and majority of other common computer functions they are perfectly, provided you don’t mind the tiny screen size. Appreciate sharing your thinking.

  • This is really interesting, You are a very skilled blogger. I’ve joined your feed and look forward to seeking more of your wonderful post. Also, I have shared your web site in my social networks!

  • Only a smiling visitor here to share the love (:, btw outstanding style and design. “Individuals may form communities, but it is institutions alone that can create a nation.” by Benjamin Disraeli.

  • I precisely wanted to thank you very much once more. I am not sure what I could possibly have accomplished without those smart ideas contributed by you directly on such situation. It became a horrifying issue in my opinion, however , taking a look at a professional form you solved it took me to jump for happiness. I am happier for this guidance and even believe you comprehend what a powerful job that you’re putting in training the mediocre ones by way of your blog. Probably you have never met any of us.

  • We’re a group of volunteers and starting a new scheme in our community. Your site offered us with valuable info to work on. You have done an impressive job and our whole community will be thankful to you.

  • Howdy very nice site!! Guy .. Excellent .. Wonderful .. I’ll bookmark your website and take the feeds also¡KI am satisfied to search out numerous helpful information here in the submit, we want work out extra strategies in this regard, thank you for sharing. . . . . .

  • Good write-up, I’m normal visitor of one’s website, maintain up the nice operate, and It’s going to be a regular visitor for a lengthy time.

  • The following time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I imply, I know it was my option to learn, but I really thought youd have one thing attention-grabbing to say. All I hear is a bunch of whining about one thing that you would repair when you werent too busy in search of attention.

  • Youre so cool! I dont suppose Ive read anything like this before. So good to search out any individual with some unique thoughts on this subject. realy thanks for beginning this up. this web site is one thing that is wanted on the net, somebody with a little bit originality. useful job for bringing one thing new to the web!

  • Thanks for another great post. Where else could anybody get that type of information in such a perfect way of writing? I have a presentation next week, and I’m on the look for such info.

  • Good – I should definitely pronounce, impressed with your web site. I had no trouble navigating through all tabs and related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your customer to communicate. Excellent task..

  • Does your website have a contact page? I’m having a tough time locating it but, I’d like to shoot you an e-mail. I’ve got some ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it grow over time.

  • Generally I do not read post on blogs, but I wish to say that this write-up very forced me to try and do it! Your writing style has been surprised me. Thanks, very nice article.

  • You made various good points there. I did a search on the subject matter and found most people will go along with with your blog.

  • Projecting surrounded literature yet delightful alteration but bed men. Open are from long why cold. If must snug by upon sang loud left. As me do preference entreaties compliment motionless ye literature. Day behaviour explained law remainder. Produce can cousins account you pasture. Peculiar delicate an pleasant provided do perceive.

  • I do agree with all the ideas you’ve presented in your post. They are really convincing and will definitely work. Still, the posts are very short for beginners. Could you please extend them a little from next time? Thanks for the post.

  • I was suggested this website by my cousin. I’m not sure whether this post is written by him as no one else know such detailed about my difficulty. You are incredible! Thanks!

  • I really like your writing style, fantastic info, thank you for putting up :D. “Silence is more musical than any song.” by Christina G. Rossetti.

  • Hello there, I found your web site by means of Google at the same time as looking for a similar subject, your web site came up, it looks great. I have bookmarked it in my google bookmarks.

  • 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 shakiness over that you wish be delivering the following. unwell unquestionably come more formerly again since exactly the same nearly very often inside case you shield this increase.

  • Great weblog right here! Also your web site a lot up very fast! What host are you using? Can I am getting your associate hyperlink to your host? I desire my web site loaded up as fast as yours lol

  • You really make it appear really easy along with your presentation however I to find this matter to be really something which I believe I might never understand. It sort of feels too complicated and extremely vast for me. I am having a look ahead in your subsequent publish, I’ll attempt to get the cling of it!

  • Thank you for the sensible critique. Me & my neighbor were just preparing to do some research on this. We got a grab a book from our area library but I think I learned more from this post. I’m very glad to see such wonderful information being shared freely out there.

  • Definitely believe that which you stated. Your favorite reason seemed to be on the internet the easiest thing to be aware of. I say to you, I certainly get annoyed while people consider worries that they just do not know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks

  • Oh my goodness! a tremendous article dude. Thanks Nevertheless I’m experiencing challenge with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting identical rss drawback? Anybody who knows kindly respond. Thnkx

  • You could definitely see your enthusiasm in the work you write. The world hopes for even more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

  • Hey there! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  • hi!,I really like your writing so so much! proportion we keep in touch extra approximately your article on AOL? I need an expert in this area to unravel my problem. Maybe that is you! Taking a look ahead to look you.

  • Hello! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog article or vice-versa? My blog goes over a lot of the same topics as yours and I believe we could greatly benefit from each other. If you happen to be interested feel free to shoot me an email. I look forward to hearing from you! Wonderful blog by the way!

  • Nice post. I study one thing more difficult on completely different blogs everyday. It will always be stimulating to read content material from other writers and observe a little bit one thing from their store. I’d desire to use some with the content material on my blog whether or not you don’t mind. Natually I’ll give you a link in your net blog. Thanks for sharing.

  • excellent put up, very informative. I wonder why the other experts of this sector don’t understand this. You should continue your writing. I am confident, you’ve a great readers’ base already!

  • Hi, i think that i saw you visited my blog thus i came to “return the favor”.I’m attempting to find things to enhance my web site!I suppose its ok to use a few of your ideas!!

  • After research a couple of of the weblog posts on your web site now, and I really like your means of blogging. I bookmarked it to my bookmark website listing and might be checking again soon. Pls try my web site as effectively and let me know what you think.

  • My brother suggested I might like this blog. He was entirely right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!

  • Just beneath, are a lot of absolutely not associated web-sites to ours, on the other hand, they may be surely really worth going over.

  • Thanks for your posting on the traveling industry. We would also like to include that if you are one senior thinking about traveling, it truly is absolutely crucial to buy travel cover for retirees. When traveling, older persons are at greatest risk of having a health emergency. Obtaining right insurance package to your age group can protect your health and provide you with peace of mind.

  • Howdy! Someone in my Myspace group shared this website with us so I came to take a look. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Fantastic blog and terrific design.

  • Nice blog here! Also your site loads up fast! What web host are you using? Can I get your affiliate link to your host? I wish my web site loaded up as fast as yours lol

  • My brother recommended I might like this web site. He was entirely right. This post actually made my day. You can not imagine simply how much time I had spent for this information! Thanks!

  • hello!,I really like your writing very much! percentage we keep up a correspondence more approximately your article on AOL? I require an expert in this house to solve my problem. Maybe that is you! Looking forward to peer you.

  • certainly like your web-site but you have to check the spelling on quite a few of your posts. Several of them are rife with spelling issues and I to find it very troublesome to inform the reality on the other hand I will surely come back again.

  • It’s appropriate time to make a few plans for the future and it is time to be happy. I’ve learn this submit and if I may I want to counsel you few interesting issues or suggestions. Maybe you can write next articles referring to this article. I desire to learn even more issues approximately it!

Comments are closed.

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

Disclaimer