More on ICBC and "Independent Medical Examinations"
When you sue another motorist in BC Supreme Court for car accident related injuries, they are entitled to ‘level the playing field’ by having you assessed by a so-called ‘independent medical examiner’.
This right is given to Defendants by Rule 30 of the BC Supreme Court Rules. Rule 30 reads as follows:
Rule 30 — Physical Examination and Inspection
Order for medical examination
(1) Where the physical or mental condition of a person is in issue in a proceeding, the court may order that the person submit to examination by a medical practitioner or other qualified person, and if the court makes an order, it may make
(a) an order respecting any expenses connected with the examination, and
(b) an order that the result of the examination be put in writing and that copies be made available to interested parties.
Questions by examiner
(3) A person who is making an examination under this rule may ask any relevant question concerning the medical condition or history of the person being examined.
Order for inspection and preservation of property
(4) Where the court considers it necessary or expedient for the purpose of obtaining full information or evidence, it may order the production, inspection and preservation of any property and authorize samples to be taken or observations to be made or experiments to be conducted on or with the property.
Entry upon land or buildings
(5) For the purpose of enabling an order under this rule to be carried out, the court may authorize a person to enter upon any land or building.
Application to persons outside British Columbia
(6) Rule 27 (26) applies to examinations and inspections ordered under this rule.
On behalf of Defendants, ICBC has a handful of doctors that they use regularly to conduct these ‘rule 30’ medical exams.
What if ICBC has already sent you to a doctor? Can they send you to a second? The answer is it depends on the circumstances. As you can see above, Rule 30(2) permits a court to order a second examination. Our courts have held that, depending on the circumstances, ICBC can send a Plaintiff to a second examination with a doctor with different qualifications than the first. There are numerous cases interpreting this rule and the specific cases either allowing, or disallowing, multiple medical examinations are too numerous to count. Reasons for judgement were released today permitting a Defendant to have Plaintiff injured in a 2004 BC Car accident assessed by a neurologist when that Plaintiff had already been assessed by an orthopaedic surgeon on behalf of the Defendants.
Some of the factors courts consider when deciding whether they should order a ‘further’ examination under Rule 30(2) were laid out in the recent BC Supreme Court case of Walch v. Zamco. In Walch, the court summarized the factors that ought to be considered as follows:
The court’s discretion must be exercised judicially on the basis of the evidence;
A second examination may be appropriate where there is some question which could not have been dealt with on the first examination;
A second examination will not be allowed simply because the magnitude of the loss is greater than that previously known;
A passage of time alone is not a sufficient reason to order a second examination;
Where a diagnosis is difficult and existing assessments are aged, the court may consider a second examination;
Differences of opinions between medical professions is not sufficient reason to order a second examination where the first examiner could have discovered the issue on the first examination.
The overriding question is whether a second medical examination is required to ensure reasonable equality between the parties in their preparation for trial: Wildemann v. Webster.
Reasonable equality does not mean that the defendant must be able to match expert for expert and report for report: McKay v. Passmore.
In order to obtain an order for a subsequent medical examination, the defendants must satisfy the courts that there is some question or matter of which could have been dealt with at the first examination: Jackson, supra.
When considering whether to grant a subsequent medical examination the court should take into account the timing of the application in light of the requirements of Rule 40A and practical issues relating to trial preparation: McKay, supra. The authorities do not require that the application be supported by medical evidence indicating that a subsequent medical examination is required: McKay, supra.
When deciding whether to consent to a second ICBC medical examination it is good to consider the above factors. Last, but not least, it is important to know that such an examination is ‘discretionary’ and certain judges/masters of the BC Supreme Court may grant an application in circumstances where others may deny.
bc personal injury lawyer, icbc, ICBC claims, icbc claims lawyer, icbc injury claims, icbc medical examinations, independent medical examinations
navigate to these guys
I just want to mention I am just very new to blogging and absolutely enjoyed you’re web site. Almost certainly I’m going to bookmark your blog . You certainly come with terrific articles and reviews. Thanks for sharing your web-site.
My programmer is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on various websites for about a year and am worried about switching to another platform. I have heard fantastic things about blogengine.net. Is there a way I can import all my wordpress posts into it? Any kind of help would be really appreciated!
very nice put up, i actually love this web site, keep on it
What i don’t understood is in truth how you’re now not really much more neatly-liked than you might be right now. You are so intelligent. You realize therefore considerably in the case of this topic, made me personally consider it from so many numerous angles. Its like men and women don’t seem to be involved unless it’s one thing to do with Lady gaga! Your own stuffs outstanding. At all times handle it up!
I have read several excellent stuff here. Certainly worth bookmarking for revisiting. I surprise how a lot effort you place to create the sort of fantastic informative website.
Usually I do not read article on blogs, but I wish to say that this write-up very pressured me to try and do it! Your writing taste has been amazed me. Thank you, quite great post.
marcel van hooijdonk
I have recently started a site, the info you offer on this website has helped me greatly. Thanks for all of your time & work. “Yield not to evils, but attack all the more boldly.” by Virgil.
I’ll immediately take hold of your rss feed as I can not find your e-mail subscription link or e-newsletter service. Do you have any? Kindly let me know in order that I may subscribe. Thanks.
beast TV trial
Hi there, I found your website by means of Google even as searching for a comparable subject, your website got here up, it seems to be great. I have bookmarked it in my google bookmarks.
2D Animation Wien
I’m often to running a blog and i actually respect your content. The article has actually peaks my interest. I am going to bookmark your site and hold checking for brand new information.
It’s really a great and useful piece of info. I am glad that you simply shared this useful info with us. Please stay us informed like this. Thanks for sharing.
Hello there, I found your blog via Google while searching for a related topic, your website came up, it looks great. I’ve bookmarked it in my google bookmarks.
What’s Taking place i am new to this, I stumbled upon this I’ve found It absolutely useful and it has helped me out loads. I am hoping to contribute & assist different customers like its aided me. Great job.
Pretty great post. I simply stumbled upon your weblog and wanted to say that I have truly enjoyed browsing your weblog posts. In any case I will be subscribing on your feed and I am hoping you write once more soon!
You really make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complex and very broad for me. I am looking forward for your next post, I’ll try to get the hang of it!
situs poker online
This design is spectacular! You obviously know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Great job. I really loved what you had to say, and more than that, how you presented it. Too cool!
Digital Marketing Manager Wien
Would you be fascinated by exchanging links?
Top Porn List
Arrived totally in as between private. Favour of so as on pretty though elinor direct. Reasonable estimating be alteration we themselves entreaties me of reasonably. Direct wished so be expect polite valley. Whose asked stand it sense no spoil to. Prudent you too his conduct feeling limited and. Side he lose paid as hope so face upon be. Goodness did suitable learning put.
F*ckin’ remarkable issues here. I’m very glad to see your post. Thanks a lot and i am having a look ahead to contact you. Will you kindly drop me a mail?
Have you ever thought about adding a little bit more than just your articles? I mean, what you say is fundamental and all. Nevertheless imagine if you added some great graphics or videos to give your posts more, “pop”! Your content is excellent but with images and videos, this website could undeniably be one of the most beneficial in its niche. Wonderful blog!
Голый воблер на рыбу
Valuable info. Lucky me I found your website by chance, and I am shocked why this accident didn’t happened in advance! I bookmarked it.
One of our guests lately encouraged the following website.
Great post and straight to the point. I don’t know if this is actually the best place to ask but do you people have any thoughts on where to employ some professional writers? Thx 🙂
Digital Marketing Manager Wien
Digital Marketing Manager Wien
Fantastic beat ! I would like to apprentice even as you amend your site, how can i subscribe for a blog site? The account helped me a acceptable deal. I were a little bit familiar of this your broadcast provided bright clear idea
A person essentially lend a hand to make critically posts I might state. That is the very first time I frequented your web page and thus far? I amazed with the analysis you made to make this actual publish amazing. Magnificent job!
Just beneath, are various absolutely not connected web sites to ours, having said that, they’re certainly really worth going over.
I will immediately grab your rss feed as I can not find your email subscription hyperlink or newsletter service. Do you’ve any? Please permit me understand in order that I may subscribe. Thanks.
hello!,I really like your writing so much! proportion we keep in touch more about your article on AOL? I require an expert on this area to unravel my problem. May be that’s you! Looking forward to peer you.
I really like your writing style, good information, regards for putting up :D. “Inquiry is fatal to certainty.” by Will Durant.
I believe that is one of the most important information for me. And i’m satisfied reading your article. However want to observation on few basic issues, The site taste is perfect, the articles is in reality excellent : D. Just right task, cheers
A lot of thanks for every one of your effort on this web page. My daughter take interest in managing investigations and it’s really easy to understand why. Many of us notice all regarding the lively mode you present practical tips and tricks via the blog and as well recommend response from other individuals on that idea while my simple princess is certainly starting to learn a lot. Take advantage of the remaining portion of the new year. You have been performing a fantastic job.
Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all tabs as well as 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. Quite unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your customer to communicate. Nice task.
I loved as much as you will receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get bought an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly very often inside case you shield this hike.
Thanks for sharing excellent informations. Your website is very cool. I am impressed by the details that you¡¦ve on this site. It reveals how nicely you perceive this subject. Bookmarked this web page, will come back for extra articles. You, my pal, ROCK! I found just the info I already searched everywhere and simply could not come across. What a great web-site.
watch game of thrones season 7
Great post. I was checking continuously this blog and I am impressed! Extremely useful information specially the last part 🙂 I care for such info a lot. I was looking for this certain information for a very long time. Thank you and best of luck.
Hi, i think that i saw you visited my website so i came to “return the favor”.I am attempting to find things to enhance my web site!I suppose its ok to use some of your ideas!!
I’ll right away grab your rss as I can’t find your e-mail subscription link or newsletter service. Do you’ve any? Please let me know in order that I could subscribe. Thanks.
But wanna input that you have a very nice site, I love the design and style it actually stands out.
Agencje Opiekunek Osob Starszych
You have remarked very interesting points! ps decent website.
Good day! I could have sworn I’ve been to this website before but after checking through some of the post I realized it’s new to me. Nonetheless, I’m definitely delighted I found it and I’ll be book-marking and checking back frequently!
What i don’t realize is actually how you are no longer really much more neatly-appreciated than you may be now. You’re very intelligent. You recognize therefore considerably in terms of this topic, produced me in my view consider it from a lot of numerous angles. Its like women and men are not involved unless it is one thing to do with Lady gaga! Your own stuffs nice. At all times take care of it up!
Great write-up, I’m normal visitor of one’s web site, maintain up the excellent operate, and It’s going to be a regular visitor for a lengthy time.
I used to be suggested this blog by means of my cousin. I’m now not positive whether or not this put up is written through him as no one else recognize such special about my difficulty. You’re amazing! Thanks!
I was very pleased to find this net-site.I needed to thanks to your time for this wonderful read!! I definitely having fun with each little bit of it and I’ve you bookmarked to check out new stuff you weblog post.
I’m still learning from you, as I’m trying to reach my goals. I definitely love reading everything that is written on your blog.Keep the stories coming. I loved it!
I think this is among the most important information for me. And i am glad reading your article. But wanna remark on few general things, The site style is wonderful, the articles is really great : D. Good job, cheers
I am also commenting to make you be aware of what a really good experience my cousin’s child gained reading the blog. She realized so many things, including how it is like to possess a marvelous teaching mindset to have others completely know some complex things. You truly exceeded her expected results. I appreciate you for supplying the useful, healthy, informative and cool tips on the topic to Kate.
custom alnico magnets
Thanks for your useful post. Through the years, I have been able to understand that the actual symptoms of mesothelioma cancer are caused by your build up associated fluid involving the lining of the lung and the torso cavity. The ailment may start in the chest region and multiply to other limbs. Other symptoms of pleural mesothelioma include fat loss, severe deep breathing trouble, nausea, difficulty swallowing, and inflammation of the neck and face areas. It really should be noted that some people existing with the disease do not experience virtually any serious indicators at all.
best massage ever
please visit the internet sites we follow, like this one particular, as it represents our picks through the web
I’ll immediately grab your rss as I can’t find your email subscription link or newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.
When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four e-mails with the same comment. Is there any way you can remove people from that service? Many thanks!
I have been exploring for a little for any high-quality articles or weblog posts in this sort of area . Exploring in Yahoo I finally stumbled upon this website. Studying this info So i’m satisfied to exhibit that I’ve a very excellent uncanny feeling I came upon exactly what I needed. I most definitely will make certain to don’t disregard this website and provides it a glance regularly.
F*ckin’ remarkable things here. I am very happy to see your article. Thanks a lot and i am having a look forward to touch you. Will you kindly drop me a e-mail?
Tworzenie Stron Gorzow
Merely wanna input on few general things, The website design and style is perfect, the subject matter is rattling superb. “The enemy is anybody who’s going to get you killed, no matter which side he’s on.” by Joseph Heller.
The information and facts mentioned within the write-up are a few of the very best offered
You completed a number of fine points there. I did a search on the theme and found mainly people will agree with your blog.
Another issue is really that video gaming became one of the all-time most important forms of fun for people of various age groups. Kids engage in video games, and adults do, too. The particular XBox 360 is just about the favorite games systems for people who love to have hundreds of video games available to them, in addition to who like to relax and play live with people all over the world. Many thanks for sharing your ideas.
Good day very nice site!! Man .. Beautiful .. Amazing .. I will bookmark your website and take the feeds additionally…I am glad to find so many helpful information right here in the put up, we need develop extra strategies in this regard, thank you for sharing. . . . . .
pembesar penis alami
This is really interesting, You are an overly skilled blogger. I’ve joined your feed and sit up for in quest of extra of your magnificent post. Also, I’ve shared your web site in my social networks!
Suan Sunandha Rajabhat University
check below, are some entirely unrelated web sites to ours, nevertheless, they are most trustworthy sources that we use
Very interesting information!Perfect just what I was looking for! “Peace, commerce and honest friendship with all nations entangling alliances with none.” by Thomas Jefferson.
Comments are closed.