The Revival Of ICBC TTD Benefits

Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits.

Important reasons for judgement were released today by the BC Supreme Court, Nanaimo Registry, addressing the entitlement of a claimant to ‘revive‘ ICBC disability benefits after an attempted return to work.
In today’s case (Symons v. ICBC) the Plaintiff was involved in a serious collision in 2008.  She was rendered initially disabled and ICBC paid her TTD benefits until her ‘creditably stoic and determined‘ return tow work later that year.  The Plaintiff’s return was short lived as progressive symptoms eventually led to a series of surgeries and her symptoms continued to disable her at the time of trial.
The Plaintiff applied for disability benefits under s. 86 of the Insurance (Vehicle) Regulation but ICBC denied these arguing that unless TTD’s were being actively paid at the 104 week mark (a period when this plaintiff was back at work) that the legislation does not allow the ongoing payment of disability benefits.  Mr. Justice Baird rejected this argument and set out the following reasons clarifying when an insured is entitled to revive TTD benefits with ICBC:

[35]         Following Brewer, Halbauer, and Cai, insured persons currently have a right to revive their TTDs (assuming all the other regulatory requirements are met) in three situations:

1.     Entitlement and revival under s. 80: the insured person receives benefits under s. 80, returns to work, and again becomes totally disabled from employment within the 104-week period.

2.     Entitlement and revival under s. 86: the insured person receives 104 weeks of benefits under s. 80, transitions to benefits under s. 86, then returns to work for a period before again returning to total disability.

3.     Entitlement under s. 80 and revival under s. 86 (intervening alternate insurance benefits): the insured person receives TTDs under s. 80, then receives private insurance benefits for more than 104 weeks, before reviving Part 7 benefits under s. 86.

…

[41]         Part 7 is also designed to promote the injured person’s rehabilitation, defined in s. 78 as “the restoration, in the shortest practical time, of an injured person to the highest level of gainful employment or self-sufficiency that … is … reasonably achievable”. To this end, Part 7 also includes rehabilitation benefits under s. 88, including the provision of funds for various one-time expenses that are likely to promote the person’s recovery (for vocational training, for example, or alterations to the insured’s residence to improve accessibility), and funds for medical treatments and rehabilitative therapies.

[42]         In other words, Part 7 (at least so far as it is concerned with benefits following injury, rather than death benefits) has two related objects: to compensate an insured person for a portion of the financial loss accrued from temporary total disability caused by a motor vehicle accident; and, where possible, to do so in a manner that brings about the end of the total disability by returning the injured person to employment or self-sufficiency. (For some discussion of these purposes, see Halbauer at para. 41.)…

[49]         I therefore conclude that an insured person is eligible to apply for the revival of TTDs under s. 86 so long as a) they have previously established eligibility and received TTDs under s. 80; b) they can demonstrate that they are totally disabled as defined in s. 80; and c) they can show that the total disability is due to injury sustained in the original accident.

bc injury law, Mr. Justice Baird, section 80 Insurance (Vehicle) Regulation, Section 86 Insurance (Vehicle) Regulation, Symons v. ICBC

Comments (66)

  • hop over to these guys

    I just want to say I am just beginner to blogs and definitely savored this web blog. Probably I’m planning to bookmark your website . You surely come with good article content. Bless you for sharing your webpage.

  • W88.com

    I was suggested this website by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my difficulty. You are wonderful! Thanks!

  • Success

    You really make it seem so easy with your presentation but I find this topic to be actually something which 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!

  • venta por catalogo

    I have been surfing on-line greater than three hours these days, yet I never discovered any attention-grabbing article like yours. It is pretty worth enough for me. Personally, if all site owners and bloggers made just right content as you probably did, the internet shall be a lot more useful than ever before.

  • marcel van hooijdonk

    Great beat ! I wish to apprentice while you amend your website, how can i subscribe for a blog website? The account helped me a acceptable deal. I had been a little bit acquainted of this your broadcast offered bright clear concept

  • retro board

    As I website possessor I believe the content material here is rattling magnificent , appreciate it for your hard work. You should keep it up forever! Best of luck.

  • situs poker online

    Good day! This is my first visit to your blog! We are a team of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a extraordinary job!

  • agen poker online

    Good blog! I really love how it is simple on my eyes and the data are well written. I’m wondering how I might be notified whenever a new post has been made. I have subscribed to your feed which must do the trick! Have a nice day!

  • online poker

    I was wondering if you ever thought of changing the layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 pictures. Maybe you could space it out better?

  • poker online

    What’s Happening i am new to this, I stumbled upon this I’ve found It positively helpful and it has aided me out loads. I hope to contribute & assist other users like its aided me. Great job.

  • 릴 게임

    I truly wanted to make a small remark in order to thank you for those marvelous tricks you are sharing on this site. My time intensive internet research has at the end been recognized with incredibly good facts to talk about with my company. I ‘d say that many of us visitors are very much lucky to dwell in a very good network with very many special people with good things. I feel pretty grateful to have encountered the website and look forward to so many more fun times reading here. Thanks a lot once again for a lot of things.

  • agen poker online

    I used to be suggested this blog by my cousin. I’m now not sure whether or not this publish is written via him as nobody else know such targeted approximately my problem. You are incredible! Thanks!

  • poker online

    hey there and thank you for your information – I have definitely picked up something new from right here. I did however expertise a few technical points using this website, as I experienced to reload the site lots of times previous to I could get it to load properly. I had been wondering if your web host is OK? Not that I’m complaining, but slow loading instances times will sometimes affect your placement in google and could damage your high-quality score if ads and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective intriguing content. Make sure you update this again soon..

  • Social Media Marketing

    I am usually to blogging and i actually recognize your content. The article has actually peaks my interest. I’m going to bookmark your site and hold checking for brand spanking new information.

  • agen poker online

    Hi there! This is kind of off topic but I need some guidance from an established blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about creating my own but I’m not sure where to begin. Do you have any ideas or suggestions? Thanks

  • lån

    Useful information. Fortunate me I found your web site accidentally, and I’m surprised why this twist of fate did not came about earlier! I bookmarked it.

  • Top Porn List

    Months on ye at by esteem desire warmth former. Sure that that way gave any fond now. His boy middleton sir nor engrossed affection excellent. Dissimilar compliment cultivated preference eat sufficient may. Well next door soon we mr he four. Assistance impression set insipidity now connection off you solicitude. Under as seems we me stuff those style at. Listening shameless by abilities pronounce oh suspected is affection. Next it draw in draw much bred.

  • 야마토

    I like this post, enjoyed this one thank you for putting up. “The world is round and the place which may seem like the end may also be only the beginning.” by George Baker.

  • затворы sung do

    I precisely wished to thank you so much yet again. I am not sure what I would have done without these pointers shown by you regarding such area of interest. It was actually an absolute frightful concern in my position, however , discovering a skilled approach you handled that made me to cry over joy. Now i’m happier for this assistance and thus have high hopes you recognize what an amazing job you’re undertaking instructing others through the use of your webpage. Most probably you haven’t got to know any of us.

  • 우리카지노 사이트

    you’re really a good webmaster. The web site loading speed is amazing. It seems that you’re doing any unique trick. In addition, The contents are masterwork. you have done a fantastic job on this topic!

  • จัดงานแต่งงาน

    I know this if off topic but I’m looking into starting my own weblog and was wondering what all is required to get setup? I’m assuming having a blog like yours would cost a pretty penny? I’m not very internet savvy so I’m not 100 certain. Any tips or advice would be greatly appreciated. Kudos

  • lifeguard certificate

    Hello! I could have sworn I’ve been to this blog before but after reading through some of the post I realized it’s new to me. Anyways, I’m definitely delighted I found it and I’ll be book-marking and checking back often!

  • เช่ารถตู้ Vip

    I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored material stylish. nonetheless, you command get bought an shakiness over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly a lot often inside case you shield this hike.

  • 야마토 릴게임

    There are actually a lot of details like that to take into consideration. That may be a great level to convey up. I provide the thoughts above as common inspiration however clearly there are questions just like the one you bring up where a very powerful thing shall be working in honest good faith. I don?t know if greatest practices have emerged around issues like that, however I am certain that your job is clearly identified as a fair game. Each boys and girls really feel the impact of only a second’s pleasure, for the remainder of their lives.

  • 먹튀검증커뮤니티

    Thanks for your interesting article. Other thing is that mesothelioma is generally caused by the breathing of fibers from asbestos fiber, which is a dangerous material. It truly is commonly found among workers in the construction industry that have long experience of asbestos. It is caused by residing in asbestos protected buildings for a long time of time, Genetics plays a huge role, and some people are more vulnerable for the risk as compared to others.

  • watch game of thrones

    Hi are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you require any coding expertise to make your own blog? Any help would be greatly appreciated!

  • Google

    We like to honor numerous other internet websites on the internet, even when they arent linked to us, by linking to them. Beneath are some webpages really worth checking out.

  • 먹튀검증 사이트

    Hi, I think your website might be having browser compatibility issues. When I look at your blog site in Opera, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, fantastic blog!

  • 야마토카지노

    I just couldn’t depart your website before suggesting that I really enjoyed the standard information a person provide for your visitors? Is going to be back often to check up on new posts

  • 토토사이트

    Hi there, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam comments? If so how do you stop it, any plugin or anything you can recommend? I get so much lately it’s driving me insane so any assistance is very much appreciated.

  • judi online

    Thank you a lot for sharing this with all of us you actually recognize what you’re speaking about! Bookmarked. Please additionally seek advice from my site =). We may have a hyperlink alternate agreement among us!

  • situs judi online

    I was recommended this website by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my problem. You’re wonderful! Thanks!

  • w88.com

    Good day! I know this is kinda off topic but I was wondering if you knew where I could locate a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  • bulk smco magnets

    Hi there, just became alert to your blog through Google, and found that it is truly informative. I’m going to watch out for brussels. I’ll be grateful if you continue this in future. A lot of people will be benefited from your writing. Cheers!

  • best blow job tricks

    Wonderful story, reckoned we could combine several unrelated data, nevertheless actually worth taking a look, whoa did 1 study about Mid East has got additional problerms as well

  • bdjobs

    Wonderful story, reckoned we could combine some unrelated information, nevertheless really really worth taking a search, whoa did 1 discover about Mid East has got extra problerms at the same time

  • Google

    We prefer to honor several other world wide web web sites on the web, even if they arent linked to us, by linking to them. Under are some webpages worth checking out.

  • custom tshirt

    I have read a few good stuff here. Certainly worth bookmarking for revisiting. I surprise how much effort you put to make such a great informative web site.

  • nonton film

    Aw, this was a really nice post. In concept I would like to put in writing like this moreover – taking time and precise effort to make a very good article… but what can I say… I procrastinate alot and under no circumstances seem to get something done.

  • obat kuat

    Hi there! I just wish to give a huge thumbs up for the nice info you have got here on this post. I shall be coming again to your blog for more soon.

  • 메이저토토사이트

    You can certainly see your enthusiasm within the paintings you write. The sector hopes for more passionate writers like you who aren’t afraid to mention how they believe. All the time go after your heart. “A second wife is hateful to the children of the first a viper is not more hateful.” by Euripides.

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