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.
"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
What is the test for establishing that a physician's assessment of pain, disability and recommended treatment is based on a medical opinion? (British Columbia, Canada)
Is a payment made by an insurer under a life insurance policy an indemnification of the insured under the policy? (British Columbia, Canada)
In what circumstances will an insurer be required to continue to pay disability benefits to an insured who has been spied on by the insurer? (British Columbia, Canada)
What are the implications of an arbitrator's decision in a case where a plaintiff was awarded an award for discrimination against her employer based on her disability? (British Columbia, Canada)
Is the adjudicator’s assessment of credibility based on a flawed approach to assessing credibility? (British Columbia, Canada)
How has the court treated physiotherapy treatments recommended by a family physician? (British Columbia, Canada)
Is noise-induced hearing loss a permanent partial disability award based on the former provisions of the RSCM II, or on the current legislation? (British Columbia, Canada)
What is the effect of an election by an insurer under the indemnity clause of a policy where the insurer elects to replace a damaged or partially destroyed building with a replacement plan? (British Columbia, Canada)
Can pain alone qualify for a total disability policy? (British Columbia, Canada)
What is the effect of a municipality's by-laws on the renewal of a policy of purchase and use of a vehicle insurance policy? (British Columbia, Canada)
