What is the test for an insurance policy award based on a physician’s assessment of pain, disability and recommended treatment?

British Columbia, Canada


The following excerpt is from Achan v Jin, 2020 BCSC 1430 (CanLII):

The test for assessing an appropriate award is an objective one based on the medical evidence. An item of future care must be medically justified, not medically necessary, and reasonable, to be recoverable: Milina. An evidentiary link between a physician’s assessment of pain, disability and recommended treatment and the care recommendations of a qualified health care professional is required: Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144 at para. 39.

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