10 Jun ICBC Disability Benefits

In Symons v. Insurance Corporation of British Columbia, 2016 BCCA 207, the Court of Appeal upheld the judge’s interpretation of the legislation governing ICBC disability benefits.  ICBC disability benefits provide partial wage replacement to those unable to work following a collision.  To qualify, one must be totally disabled and unable to work.  Benefits are payable for 104 weeks.  If one is still unable to work after 104 weeks, then benefits continue.  An issue arose regarding the interpretation of this timing requirement.

Ms. Symons was seriously injured in a car collision.  She was unable to work and received disability benefits for a few weeks following the collision.  After 104 weeks, she was unable to continue working due to her injuries.  She claimed disability benefits.  ICBC denied benefits on the basis that she was not receiving the benefits at the 104 week time period.

In considering Ms. Symon’s case, the Court of Appeal found that disability benefits are revived when the original injury later causes total disability.  This applies even when the total disability occurs after the 104 week time period.  As a result, Ms. Symons was entitled to have her ICBC disability benefits reinstated.

For further information regarding calculating disability benefits, please visit this page:

https://www.achesonlaw.ca/icbc-claims/calculating-icbc-benefits-income-loss-homemaker-expenses/