Mussio Law Group Wins BC Court of Appeal Decision After ICBC Used Liability Release to Deny Injury Compensation

Posted on by Goodman Law

We are pleased to announce that the British Columbia Court of Appeal has ruled that ICBC must compensate for the injuries sustained by our client during a bus ride back from their zip line ride.

As reported by The Vancouver Sun, counsel for our client, Wes Mussio and Eric Goodman, were successful in convincing the Court of Appeal to reverse a decision of the Supreme Court of British Columbia dismissing our client’s case against Ziptrek.

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Court Rejects Opinion of “Biased”, “Arrogant” and “Argumentative” ICBC Doctor

Posted on by Goodman Law

Expert witnesses, such as doctors, who come to court to testify, do so in order to give evidence and opinion on complicated matters outside of the realm of the general knowledge of judges and juries.

The “Rules of Court” require that these witnesses give such evidence in a fair and balanced way and not advocate for either party, even if the expert was hired by one party to come to court on that party’s behalf.

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“Diminished Home-Making Capacity” Results in Court Award of $20,000

Posted on by Goodman Law

A claimant may also be entitled to a court award for “diminished home-making capacity”, in addition to compensation for lost wages, pain and suffering, and treatment expenses.

This was the case in Savoie v. Williams, in which a Plaintiff suffered injuries to her back and neck in a motor vehicle accident. While her injuries caused her to miss a minimal amount of time from work, she struggled to perform her daily household activities following the incident.

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Wes Mussio Featured in Lawyers Weekly

Posted on by Goodman Law

As previously discussed, injured claimants must take reasonable steps to restore themselves to their pre-accident condition, which includes following the advice of their doctors.

In the trial of Warner v. Cousins, the judge found that the Plaintiff failed to mitigate her damages and reduced the award as a result.

The decision was appealed to the Court of Appeal, the result of which was profiled along with our lawyer Wes Mussio’s views in the publication Lawyers Weekly.

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Mussio Law Prevents ICBC Doctor Examination of Our Client

Posted on by Goodman Law

As previously discussed, there are two ways ICBC can compel an injured claimant to attend an examination by a doctor of ICBC’s choosing. The first is pursuant to a claim for Part VII or “no-fault” benefits, whereby a claimant is receiving reimbursement for treatment expenses or ongoing wage loss, regardless of who was at fault for the accident.

The second is in response to a tort claim; that is, after a plaintiff files a lawsuit against the other driver.

The law generally prevents ICBC from compelling a plaintiff to attend an examination by a doctor of the same specialty more than once. To do so would allow ICBC to “doctor shop”, or in other words, to send a claimant to, for instance, several orthopaedic surgeons until ICBC finally receives a medical report that serves their interests.

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Mussio Law Wins Third Consecutive WCB Tribunal Decision Against ICBC

Posted on by Goodman Law

As previously discussed, when an injured motorist first informs ICBC of the accident, one of the questions they may be asked is whether they were working at the time of the collision. The reason is, if both drivers involved in the accident were “workers” as defined by the Workers Compensation Act, there can be no injury claim against ICBC; rather, any compensation must be sought through WCB instead.

This is an unfavorable situation to the injured person, as the WCB regime does not provide any compensation for pain and suffering, and only limited reimbursement for lost wages.

Naturally, given the chance, ICBC will argue that a claimant was working, or performing some sort of work related activity, to avoid having to pay out. This was the situation in our recent case of Quillen v. Linnea.

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