01 Jun What happens if I am injured in a motor vehicle collision and then I get hurt at work?
In Kaleta v. MacDougall, 2011 BCSC 1259, the Plaintiff was injured in a motor vehicle collision. He injured his left side, including the neck, shoulder, arm, upper back, lower back and knee. He was completely off work and then gradually returned to work. Upon returning to work, he continued to experience symptoms. Approximately eight months after the collision, he injured his left mid-back and shoulder lifting a pallet at work. His doctor completed a WCB report with respect to the accident at work.
At trial, the defendant argued that the Court ought to attribute the ongoing symptoms to the WCB incident rather than the motor vehicle collision. The Plaintiff argued that the WCB incident was an aggravation of the motor vehicle collision injury and a natural consequence, not a separate injury.
The Court accepted the Plaintiff’s argument. The Court awarded the Plaintiff $80,000 for pain and suffering, $3,681.48 gross for past wage loss, $60,000 for future loss of earning capacity, and $2,160 for cost of future physiotherapy sessions.