ICBC’s Right to Send you to a Medical Assessment

ICBC is entitled to send a claimant to a doctor of its choice to determine if the person is entitled to benefits, which ICBC sometimes misuses

This right is sometime misused by ICBC, as the primary purpose of the assessment is to assist with the injury claim, not to determine whether Part VII benefits should be paid. As a result, ICBC will ask claimants to see their doctor of choice earlier and more often than if ICBC was only defending an injury claim. Usually, ICBC will pick an orthopedic surgeon or a hardline physiatrist who doesn’t believe in medical treatment and lasting disability short of an obvious and profound objective injury. Thus, getting cut off benefits is a likely outcome of an ICBC medical assessment.

If you refuse to attend the assessment, ICBC can cut off your Part VII benefits. In turn, ICBC can then argue, in your injury claim, that they are owed a credit against your damages for expenses they would have paid under Part VII but did not because of your refusal to attend the assessment.

One questions the fairness of this situation. Realistically, a claimant will have to fight hard to get ICBC to pay anything under Part VII through the claim, but then ICBC will make the argument that they would have paid for everything when it serves its interests. Also, chances are that the ICBC appointed doctor is going to minimize the amount of treatment you need and suggest an early return to work. Otherwise, ICBC probably would not be using that expert for the opinion.

Can ICBC Adjuster Insist that the Claimant Undergo Certain Treatment

Provided that your own doctor thinks the treatment is likely to help you and ICBC offers to pay for the treatment, Section 90 of the Regulations allows ICBC to insist that you undergo this treatment and allows ICBC to cut off benefits if you refuse to undergo this treatment.