No enhanced ICBC compensation for injured van passenger after Tomslake crash, tribunal rules

TOMSLAKE, B.C. — A van passenger who was seriously injured in a single-vehicle crash near Tomslake almost four years ago is not entitled to enhanced compensation from ICBC for permanent impairment, a tribunal has ruled. 

On August 26th, 2021, a driver lost control on gravel near Tomslake and rolled a van. 

Their passenger, who is identified by the Civil Resolution Tribunal only by the initials C.R.S., suffered fractures to their left arm, collarbone, pelvis, sacroiliac joint (between the spine and pelvis), lumbar vertebrae, right rib and eight left ribs. 

They were airlifted to Edmonton for emergency treatment, underwent surgery at the University of Alberta and flown back to Quesnel for several months of recovery in hospital. 

ICBC paid $83,732.50 in permanent impairment compensation, but C.R.S. applied to CRT and argued the injuries were catastrophic and worthy of a higher amount.

ICBC denied the injuries were catastrophic and maintained that the applicant sought damages that are no longer available under the no-fault system. 

The crash happened after the Insurance (Vehicle) Act banned civil lawsuits for bodily injuries suffered in B.C. after May 1st, 2021. The NDP government prefers to use the euphemism “enhanced care” to describe the no-fault system.

In a July 29th ruling, CRT member Jeffrey Drozdiak said the evidence before him showed C.R.S. is not entitled to enhanced permanent impairment compensation, but nothing in the decision prevents C.R.S. from reapplying for permanent impairment compensation if post-traumatic stress disorder becomes permanent or another issue arises. 

However, Drozdiak did order ICBC to recalculate and increase the existing permanent impairment compensation within 14 days of the decision. 

“I find the applicant is entitled to an increase from three per cent to five per cent for their permanently impaired external-internal hip rotation, and a five per cent permanent impairment for their gait instability,” Drozdiak concluded.

“ICBC also found that the applicant is entitled to five per cent for loss of sexual function.”