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Tag: permanent impairment

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 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