How Disability Benefits Could Be Affected By Regulation 90?

Section 90 of the Insurance (Vehicle) Act Regulations gives ICBC the power to terminate benefits to anybody.

For instance, they could require that a claimant undergo treatment that has been advised by a doctor, and if the claimant doesn’t do so, then ICBC can terminate the benefits.

For example, you may have a shoulder injury and your doctor advises you to have surgery to repair it. Your response might be that you hate the thought of surgery and you are not going to do it. In that situation, ICBC can cut off your benefits. You do have the option to apply to court to receive a ruling, but if you have refused to follow the doctor’s advice, then you would have to be able to show that the treatment is unlikely to assist you or even may make the injury worse.

Normally, advice about your treatment will come from your own doctor, but it can also be ICBC’s doctor. Section 90 allows them to ask you to attend their medical adviser’s office and undergo an examination. If the two doctors disagree on the treatment, ICBC is entitled to rely upon the opinion of their own medical adviser. A regular disability insurance contract can be very similar, in that the disability insurer has the right to have you examined by their medical examiner and can rely upon those findings.

When you are dealing with a tort claim, the rules are very different. If the case goes to court where your doctor says one thing and the insurance company has a doctor who says something else, then the judge will listen to everything from both sides and decide what he thinks are the facts and what is the most appropriate course of action. But if your case is not being argued in court, Section 90 allows ICBC to rely on their own medical adviser’s view to decide whether your benefits should continue.

If you, or someone you care about, is dealing with Personal injury law issues in the Vancouver, British Columbia Region, contact Stephens & Holman.

This article is taken from a June 17, 2008 interview with Simon Holman, LL.B., Personal Injury Lawyer with Stephens & Holman in Vancouver , a Personal Injury Law Firm.

Note that laws vary from province to province. Please consult with a lawyer in your own area to be sure of the laws and specific issues in your own jurisdiction.