ICBC Insurance Benefits, Independent Medical Exams and Witness Immunity
Further to my many previous posts discussing Independent Medical Exams in the context of ICBC Injury Claims, reasons for judgement were released today highlighting a very interesting issue; the ability to sue an Independent Medical Examiner.
When a person is seeking medical benefits from ICBC under their own policy of insurance (Part 7 Benefits) ICBC has the right to send that person for a “medical examination“. ICBC gets this power from s. 99 of the Insurance (Vehicle) Regulation which holds as follows:
99 (1) An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.
(2) The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
When ICBC obtains a medical exam under s. 99 they often base their decision of what Part 7 benefits to pay based on the physician’s recommendations.
For a variety of reasons ICBC tends to use a handful of doctors over and over again for these independent examinations. In turn the business of independent medical exams is quite profitable for some BC doctors.
It is not uncommon for a medical examiner to author a report to ICBC which contradicts the opinions of a person’s treating physicians. When this happens ICBC sometimes cuts off benefits from an insured even when the treating physicians feel further funding of therapy is appropriate. When ICBC and an insured differ as to what benefits should be paid the insured can sue ICBC and the Court’s can offer a binding resolution. What about the independent medical examiners? Can they be sued? Reasons for judgement were released today by the BC Supreme Court addressing this very interesting issue.
In today’s case (Mund v. Sovio) the Plaintiff was injured in a 2007 motor vehicle collision. The Plaintiff applied to ICBC for Part 7 Benefits. In the course of processing the request for benefits ICBC sent the Plaintiff to Dr. Sovio for a medical examination under section 99. Dr. Sovio authored an opinion which was apparently harmful to the Plaintiff’s interests in which he stated that:
a) the Plaintiff was “staying at home, not doing any exercise and appears to be content to carry on in this fashion”;
b) “there is nothing to suggest that” the Plaintiff “should be disabled to this degree” and the Plaintiff’s “medical care appears to be somewhat disjointed”;
c) “legal matters” were interfering with the Plaintiff’s case; and
d) the Plaintiff “has a history of [being] off work for an extended period of time in the past and seems content to continue with this role of disability at this time”.
After receiving this report the Plaintiff and ICBC could not agree as to what PArt 7 benefits ought to be paid. The Plaintiff responded in a unique way, he sued Dr. Sovio directly arguing that Dr. Sovio failed to assess his injuries in “an objective, fair and even handed manner.“.
Dr. Sovio applied to dismiss the lawsuit arguing, despite any consequences the report may have had between the Plaintiff and ICBC with respect to Part 7 benefits, that he owed the Plaintiff “no duty in contract, no duty of insurer-insured good faith and no duty of care in negligence”. Dr. Sovio went further and argued that even if there was such a duty that the lawsuit had to be dismissed because he had “witness immunity“.
Madam Justice Hyslop of the BC Supreme Court sided with Dr. Sovio’s arguments and dismissed the Plaintiff’s lawsuit. In doing so the Court made the following critical findings:
 Dr. Sovio’s role and relationship with Mr. Mund cannot be greater than that of ICBC. It is not within the power of Dr. Sovio to determine whether Mr. Mund receives Part 7 benefits. The power and the exercise of that power is that of ICBC. ..
 I find that Dr. Sovio is not in a fiduciary relationship, nor in a doctor/patient relationship, nor is one created between Mr. Mund and Dr. Sovio as a result of the medical examination by Dr. Sovio of Mr. Mund…
 In British Columbia, ICBC may choose, pursuant to s. 99, the medical practitioner. The sole purpose of the s. 99 examination is that the medical practitioner examine the insured. It is entirely at the discretion of ICBC when, and if, there is an examination. There is no requirement that the medical practitioner provide a plan of care for the insured such as the Ontario DAC. The doctor’s opinion is not binding on anyone; neither the insured nor the insurer. ICBC may use, for different claims, for different insureds, the same medical practitioner time and time again. ICBC may reject the medical practitioner’s opinion in whole or in part. It is simply not a process in which the insured participates in other than to present himself or herself to the medical practitioner designated by ICBC…
 In Howatt v. Klassen, 2005 CanLll 11191, Dr. Klassen was requested by the College of Physicians and Surgeons of Ontario to examine Dr. Howatt. That was the extent of the relationship between Dr. Klassen and the plaintiff, Dr. Howatt. The court concluded that Dr. Klassen acted as an agent and for an appointee of the college. In dismissing Dr. Howatt’s action, the court stated:
 In any event, I agree with the submission that Dr. Klassen is protected by the common law doctrine of witness immunity, which protects individuals from civil suit based on their status as witnesses or potential witnesses at judicial proceedings. The case law establishes that this protection is absolute so that even allegations of bad faith are insufficient to exclude the application of the witness immunity doctrine.
 A similar situation occurred in N. (M.) v. Forberg,  A.J. No. 253. The court found a witness immunity applied to a psychologist who counselled children involved in a custody and access dispute. In proceedings between the parents of the children, the mother of the children asked the psychologist to give an opinion. The opinion was adverse to the plaintiff father, and the court found the psychologist owed no duty of care, no fiduciary duty to the father and concluded that witness immunity applied, stating the following at para. 57:
If professionals in the field of health care are exposed to the threat of law suits when they intervene on behalf of persons to whom they clearly owe a duty and have determined are vulnerable individuals, there will be a chilling effect on the willingness of health care providers to deliver their necessary assistance to the Court, and to be full and frank in their opinions when doing so.
 Similarly, Dr. Sovio, in providing assessments pursuant to s. 99, must not be exposed to the threat of lawsuits for delivering his opinion, even if those opinions or actions are contrary to those of Mr. Mund…
Dr. Sovio is not a public official, but an expert retained by ICBC. His position is similar to that of Dr. Klassen in Howatt and Ms. Froberg. …
 For these reasons, Mr. Mund’s ASC is struck out and the claim dismissed for failure to disclose a reasonable cause of action.
Defence Medical Exams, Dr. Sovio, icbc doctors, icbc section 99 exams, ime, independent medical exams, Madam Justice Hyslop, Mund v. Sovio, part 7 medical exams, witness immunity
he has a good point
I simply want to mention I am just new to blogs and certainly enjoyed this web page. Likely I’m going to bookmark your site . You actually have beneficial article content. Thanks for sharing with us your web-site.
I just want to tell you that I’m all new to blogging and site-building and seriously liked this website. Probably I’m planning to bookmark your site . You absolutely come with excellent writings. Many thanks for sharing with us your web page.
I have been browsing on-line more than three hours as of late, yet I by no means found any interesting article like yours. It is beautiful price sufficient for me. In my view, if all web owners and bloggers made excellent content as you did, the internet might be much more helpful than ever before.
Hey, you used to write excellent, but the last several posts have been kinda boring… I miss your tremendous writings. Past few posts are just a little out of track! come on!
Hi there are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and create my own. Do you need any html coding knowledge to make your own blog? Any help would be really appreciated!
I’ve learned many important things via your post. I would also like to state that there might be situation that you will make application for a loan and never need a co-signer such as a U.S. Student Aid Loan. But when you are getting credit through a regular finance company then you need to be willing to have a co-signer ready to assist you. The lenders are going to base their very own decision on a few variables but the biggest will be your credit standing. There are some loan companies that will furthermore look at your job history and determine based on that but in many cases it will depend on your credit score.
What i do not realize is in truth how you’re no longer actually much more well-appreciated than you may be now. You are so intelligent. You recognize therefore considerably in terms of this subject, produced me in my view consider it from so many various angles. Its like women and men don’t seem to be involved until it is one thing to accomplish with Girl gaga! Your own stuffs excellent. At all times handle it up!
I have been surfing online greater than 3 hours these days, but I never found any interesting article like yours. It is lovely worth sufficient for me. In my opinion, if all site owners and bloggers made just right content as you probably did, the net will likely be a lot more helpful than ever before. “Learn to see in another’s calamity the ills which you should avoid.” by Publilius Syrus.
I just couldn’t depart your web site before suggesting that I actually enjoyed the standard information a person provide to your guests? Is going to be back incessantly to investigate cross-check new posts
venta por catalogo
Thanks for the helpful posting. It is also my belief that mesothelioma has an really long latency time, which means that the signs of the disease might not exactly emerge until finally 30 to 50 years after the first exposure to asbestos fiber. Pleural mesothelioma, that is the most common kind and has effects on the area across the lungs, could potentially cause shortness of breath, breasts pains, and also a persistent coughing, which may lead to coughing up blood.
I am very happy to read this. This is the type of manual that needs to be given and not the random misinformation that’s at the other blogs. Appreciate your sharing this best doc.
Oh my goodness! a tremendous article dude. Thank you Nonetheless I am experiencing difficulty with ur rss . Don’t know why Unable to subscribe to it. Is there anyone getting identical rss downside? Anyone who knows kindly respond. Thnkx
It is truly a nice and helpful piece of information. I’m happy that you shared this useful info with us. Please stay us up to date like this. Thanks for sharing.
Thanks for sharing superb informations. Your site is very cool. I’m impressed by the details that you’ve on this website. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for more articles. You, my pal, ROCK! I found simply the information I already searched all over the place and simply could not come across. What a great web-site.
marcel van hooijdonk
I’m now not sure where you are getting your information, but great topic. I needs to spend a while learning more or understanding more. Thanks for fantastic info I was in search of this information for my mission.
marcel van hooijdonk
What’s Going down i’m new to this, I stumbled upon this I’ve found It positively helpful and it has aided me out loads. I am hoping to give a contribution & aid different customers like its aided me. Great job.
I genuinely enjoy looking through on this site, it contains great content . “For Brutus is an honourable man So are they all, all honourable men.” by William Shakespeare.
Hiya very nice site!! Guy .. Excellent .. Amazing .. I’ll bookmark your site and take the feeds additionally…I am satisfied to seek out so many helpful information right here within the post, we’d like develop more strategies in this regard, thanks for sharing.
certainly like your web site but you need to test the spelling on quite a few of your posts. Several of them are rife with spelling problems and I find it very bothersome to inform the truth on the other hand I’ll surely come again again.
Motion Graphics Designer Wien
I was very pleased to find this internet-site.I needed to thanks in your time for this excellent read!! I positively having fun with each little little bit of it and I’ve you bookmarked to check out new stuff you weblog post.
Underground Elephant Careers
I have discovered some essential things through your site post. One other thing I would like to convey is that there are several games on the market designed specially for toddler age kids. They consist of pattern recognition, colors, creatures, and designs. These generally focus on familiarization rather than memorization. This will keep little ones occupied without sensing like they are learning. Thanks
situs poker online
This is the correct blog for anybody who wants to search out out about this topic. You notice so much its nearly hard to argue with you (not that I truly would want…HaHa). You positively put a brand new spin on a subject thats been written about for years. Nice stuff, simply great!
agen poker online
Your house is valueble for me. Thanks!…
Super-Duper blog! I am loving it!! Will be back later to read some more. I am bookmarking your feeds also.
situs poker online
Thank you for every other informative blog. Where else may I am getting that kind of information written in such a perfect way? I have a venture that I’m simply now working on, and I’ve been on the look out for such info.
agen poker online
Sweet blog! I found it while browsing on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Thank you
What i don’t realize is actually how you are not really much more well-liked than you might be right now. You are very intelligent. You realize therefore significantly relating to this subject, produced me personally consider it from a lot of varied angles. Its like men and women aren’t fascinated unless it’s one thing to accomplish with Lady gaga! Your own stuffs nice. Always maintain it up!
Hey There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and come back to read more of your useful info. Thanks for the post. I will certainly return.
situs poker online
You actually make it seem really easy together with your presentation but I find this matter to be actually one thing which I feel I might never understand. It seems too complex and very wide for me. I’m having a look ahead in your next put up, I will attempt to get the grasp of it!
agen poker online
Hi there, I found your blog via Google while looking for a related topic, your website came up, it looks great. I have bookmarked it in my google bookmarks.
I am not sure where you’re getting your information, but great topic. I needs to spend some time learning more or understanding more. Thanks for excellent information I was looking for this information for my mission.
As I web-site possessor I believe the content material here is rattling fantastic , appreciate it for your hard work. You should keep it up forever! Best of luck.
Nice read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch since I found it for him smile So let me rephrase that: Thank you for lunch!
Top Porn Sites List
No opinions answered oh felicity is resolved hastened. Produced it friendly my if opinions humoured. Enjoy is wrong folly no taken. It sufficient instrument insipidity simplicity at interested. Law pleasure attended differed mrs fat and formerly. Merely thrown garret her law danger him son better excuse. Effect extent narrow in up chatty. Small are his chief offer happy had.
Hey, you used to write magnificent, but the last few posts have been kinda boring¡K I miss your super writings. Past few posts are just a little out of track! come on!
This is really interesting, You’re a very skilled blogger. I’ve joined your rss feed and look forward to seeking more of your excellent post. Also, I have shared your web site in my social networks!
You are my breathing in, I possess few web logs and occasionally run out from post :). “Analyzing humor is like dissecting a frog. Few people are interested and the frog dies of it.” by E. B. White.
затворы sung do
I am glad for writing to let you be aware of of the brilliant discovery my wife’s daughter enjoyed visiting the blog. She discovered a good number of pieces, with the inclusion of how it is like to possess an incredible coaching mood to get others with ease know just exactly selected multifaceted subject matter. You undoubtedly exceeded our expected results. Thank you for presenting those valuable, trustworthy, edifying as well as fun tips on the topic to Sandra.
затворы sung do
Hello There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and come back to read more of your useful information. Thanks for the post. I will definitely return.
hello!,I like your writing very much! proportion we keep in touch more approximately your article on AOL? I require an expert on this space to solve my problem. Maybe that is you! Having a look ahead to peer you.
I do agree with all the ideas you have introduced for your post. They are really convincing and will definitely work. Still, the posts are too short for beginners. May you please extend them a bit from subsequent time? Thank you for the post.
I and also my friends were found to be reading through the good hints from your website and so before long got a terrible feeling I had not thanked the web blog owner for them. All of the women were for this reason joyful to study all of them and already have pretty much been using these things. Thanks for getting simply accommodating and then for obtaining varieties of cool areas most people are really needing to learn about. My personal sincere regret for not saying thanks to you sooner.
I was looking through some of your content on this website and I believe this web site is rattling instructive! Keep putting up.
Have you ever thought about including a little bit more than just your articles? I mean, what you say is important and all. However think about if you added some great pictures or videos to give your posts more, “pop”! Your content is excellent but with pics and clips, this blog could definitely be one of the best in its field. Excellent blog!
Hi, Neat post. There is an issue along with your site in web explorer, could check this¡K IE still is the market leader and a huge component to folks will pass over your wonderful writing due to this problem.
Digital Marketing Wien
Online Marketing Wien
Definitely, what a fantastic website and enlightening posts, I surely will bookmark your blog.All the Best!
My brother suggested I would possibly like this blog. He used to be totally right. This publish actually made my day. You can not believe simply how much time I had spent for this information! Thanks!
Somebody necessarily lend a hand to make seriously posts I’d state. That is the very first time I frequented your web page and thus far? I amazed with the research you made to create this actual submit incredible. Excellent task!
Thank you for sharing excellent informations. Your web-site is so cool. I am impressed by the details that you have on this web site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my friend, ROCK! I found simply the information I already searched all over the place and simply couldn’t come across. What an ideal website.
Its like you read my mind! You appear to know a lot about this, like you wrote the book in it or something. I think that you could do with a few pics to drive the message home a little bit, but instead of that, this is fantastic blog. A great read. I’ll definitely be back.
I am not sure where you are getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent information I was looking for this information for my mission.
Nice post. I be taught something tougher on completely different blogs everyday. It would at all times be stimulating to read content from different writers and observe somewhat something from their store. I’d want to use some with the content on my blog whether or not you don’t mind. Natually I’ll provide you with a link in your web blog. Thanks for sharing.
My brother recommended I might like this web site. He was totally right. This post truly made my day. You can not imagine just how much time I had spent for this info! Thanks!
watch game of thrones free
Have you ever considered writing an e-book or guest authoring on other websites? I have a blog based upon on the same subjects you discuss and would love to have you share some stories/information. I know my audience would appreciate your work. If you are even remotely interested, feel free to shoot me an email.
I believe that avoiding prepared foods would be the first step so that you can lose weight. They may taste beneficial, but highly processed foods include very little vitamins and minerals, making you take in more to have enough electricity to get over the day. In case you are constantly having these foods, transitioning to grain and other complex carbohydrates will let you have more vigor while consuming less. Interesting blog post.
watch game of thrones free
Hey there! I’m at work surfing around your blog from my new iphone 3gs! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the great work!
Merely a smiling visitant here to share the love (:, btw great style and design .
Sweet blog! I found it while browsing on Yahoo News. Do you have any tips on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it
Thanks for your fascinating article. One other problem is that mesothelioma cancer is generally caused by the breathing of fibers from asbestos, which is a dangerous material. It’s commonly found among workers in the construction industry who have long contact with asbestos. It can be caused by moving into asbestos insulated buildings for a long period of time, Genetic makeup plays a huge role, and some people are more vulnerable to the risk as compared with others.
I have to convey my gratitude for your kind-heartedness giving support to those individuals that need assistance with in this concern. Your real dedication to passing the message around appears to be exceedingly advantageous and has frequently made ladies like me to arrive at their targets. This helpful help and advice can mean a great deal a person like me and far more to my mates. Thanks a ton; from all of us.
I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my site :).
Opiekunki Dla Osob Starszych
I gotta favorite this web site it seems very helpful very helpful
Hello there, You have done an excellent job. I’ll certainly digg it and personally suggest to my friends. I’m confident they’ll be benefited from this site.
In these days of austerity plus relative anxiety about running into debt, most people balk up against the idea of using a credit card to make acquisition of merchandise or maybe pay for any occasion, preferring, instead just to rely on a tried plus trusted procedure for making settlement – hard cash. However, if you possess the cash on hand to make the purchase in whole, then, paradoxically, that is the best time to be able to use the credit cards for several motives.
Opiekunka Niemcy Od Zaraz
I have recently started a web site, the info you offer on this website has helped me greatly. Thanks for all of your time & work.
Greetings from Colorado! I’m bored to death at work so I decided to browse your blog on my iphone during lunch break. I love the info you present here and can’t wait to take a look when I get home. I’m shocked at how fast your blog loaded on my cell phone .. I’m not even using WIFI, just 3G .. Anyhow, wonderful site!
Thank you for the good writeup. It in fact was a amusement account it. Look advanced to more added agreeable from you! By the way, how could we communicate?
F*ckin’ amazing issues here. I am very satisfied to see your article. Thanks so much and i’m having a look ahead to touch you. Will you kindly drop me a mail?
you are actually a just right webmaster. The site loading pace is incredible. It seems that you are doing any distinctive trick. Also, The contents are masterpiece. you have done a excellent task in this matter!
Wonderful work! This is the type of information that should be shared around the net. Shame on the search engines for not positioning this post higher! Come on over and visit my site . Thanks =)
sorry mf dj taydeville ft lil jay from crime
I really appreciate this post. I’ve been looking all over for this! Thank goodness I found it on Bing. You have made my day! Thanks again
I’ll right away seize your rss as I can not find your email subscription hyperlink or e-newsletter service. Do you’ve any? Kindly let me recognize so that I may subscribe. Thanks.
Dead composed written content, appreciate it for entropy. “Necessity is the mother of taking chances.” by Mark Twain.
Thank you for the sensible critique. Me and my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more from this post. I am very glad to see such magnificent information being shared freely out there.
bulk alnico magnets
Useful information. Fortunate me I found your site by accident, and I am stunned why this coincidence didn’t happened earlier! I bookmarked it.
There’s noticeably a bundle to learn about this. I assume you made certain good factors in options also.
Thank you for sharing excellent informations. Your web-site is very cool. I am impressed by the details that you have on this web site. It reveals how nicely you understand this subject. Bookmarked this web page, will come back for more articles. You, my friend, ROCK! I found just the information I already searched everywhere and simply couldn’t come across. What a perfect site.
It’s a pity you don’t have a donate button! I’d most certainly donate to this brilliant blog! I guess for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to fresh updates and will talk about this blog with my Facebook group. Talk soon!
I would like to thnkx for the efforts you have put in writing this site. I’m hoping the same high-grade website post from you in the upcoming also. Actually your creative writing abilities has encouraged me to get my own site now. Really the blogging is spreading its wings rapidly. Your write up is a great example of it.
Tworzenie Stron WWW Gorzow Wlkp
I truly enjoy studying on this site, it contains great articles. “The living is a species of the dead and not a very attractive one.” by Friedrich Wilhelm Nietzsche.
Howdy! Quick question that’s totally off topic. Do you know how to make your site mobile friendly? My website looks weird when browsing from my iphone 4. I’m trying to find a theme or plugin that might be able to correct this issue. If you have any recommendations, please share. Thanks!
It is the best time to make some plans for the longer term and it is time to be happy. I have learn this submit and if I may I wish to recommend you some fascinating issues or suggestions. Perhaps you can write next articles relating to this article. I desire to learn even more things about it!
Uslugi Pozycjonowania Stron Internetowych Gorzow
You are my aspiration, I possess few blogs and sometimes run out from post :). “Truth springs from argument amongst friends.” by David Hume.
I and my friends came checking the excellent procedures found on the blog and so then came up with a terrible feeling I had not expressed respect to the blog owner for those tips. The women became so thrilled to read them and have undoubtedly been using them. We appreciate you genuinely so considerate and then for considering some fantastic guides most people are really eager to be aware of. My sincere apologies for not expressing appreciation to you earlier.
Its such as you learn my thoughts! You appear to understand so much about this, such as you wrote the e book in it or something. I think that you just could do with some p.c. to drive the message house a little bit, however instead of that, this is great blog. An excellent read. I will certainly be back.
I have been reading out many of your articles and i can claim nice stuff. I will surely bookmark your site.
pembesar penis alami
Hey very nice blog!! Man .. Beautiful .. Amazing .. I’ll bookmark your site and take the feeds also…I am happy to find a lot of useful information here in the post, we need work out more strategies in this regard, thanks for sharing. . . . . .
One of our visitors just lately suggested the following website.
A person essentially help to make seriously posts I would state. This is the very first time I frequented your website page and thus far? I amazed with the research you made to make this particular publish extraordinary. Fantastic job!
Thanks for the points shared in your blog. One more thing I would like to express is that weight-loss is not supposed to be about going on a dietary fads and trying to get rid of as much weight that you can in a couple of weeks. The most effective way to lose weight naturally is by using it slowly and obeying some basic points which can allow you to make the most out of your attempt to shed weight. You may be aware and be following a few of these tips, but reinforcing expertise never does any damage.
Comments are closed.