Is a massage therapist who admonishes a plaintiff to avoid activities that exacerbate neck and shoulder pain?
British Columbia, Canada
The following excerpt is from Penno v. Stephanian, 2002 BCSC 287 (CanLII):
This case is distinguishable from Athey v. Leonati (1996), 1996 CanLII 183 (SCC), 140 D.L.R. (4th) 235 (S.C.C.). There, the plaintiff exacerbated back injuries caused by motor vehicle accidents while following a physician-prescribed regime of exercise. Here, the plaintiff, while told by physicians to remain active, had been admonished by a massage therapist to avoid activities which exacerbated her neck and shoulder pain.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is evidence of ongoing pain sufficient to ground a substantial possibility that a plaintiff’s pain will adversely affect the future ability to work? (British Columbia, Canada)
Is evidence of ongoing pain sufficient to ground a substantial possibility that a plaintiff’s pain will adversely affect her future ability to work? (British Columbia, Canada)
What is the impact of fatigue, fear of re-injury and recurrent bouts of right shoulder and hip pain on a plaintiff's tolerance for exercise? (British Columbia, Canada)
What is the standard of review applied by the Court of Appeal in determining the apportionment of fault between a plaintiff and plaintiff? (British Columbia, Canada)
Is there a need for physical or temporal proximity between a plaintiff and plaintiff in a motor vehicle accident? (British Columbia, Canada)
Can a plaintiff rely on the suing and labouring clause to avoid or minimize liability? (British Columbia, Canada)
Can a massage therapist be found to have bias in their records? (British Columbia, Canada)
Is a plaintiff entitled to an award for costs of future care for a plaintiff who was injured in a motor vehicle accident? (British Columbia, Canada)
What is the standard of damages for pain and suffering suffered by a plaintiff in a medical malpractice case? (British Columbia, Canada)
In a motor vehicle accident, can a plaintiff continue to suffer from chronic neck and back pain for at least three years after the accident? (British Columbia, Canada)
