Angry But Grateful After Arm Attached Remarkable comeback by one of our clients after severed arm reattached.
...
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Brain Mapping Revealed Mild Brain Injury Personal injury lawyers want to note a B.C. Supreme Court decision which treats Brain Mapping as an accepted diagnostic....
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Mother To Go It Alone In Malpractice Suit Hamilton woman acts against legal advice in deciding to pursue court case herself....
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Crash Victim Wins $1-Million Court Award The case shows why no-fault insurance should never be used in B.C., a lawyer says....
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Map Leads To $345,594.00 ICBC disbelieved Achana Datta's claim of brain injury until a cutting edge scan proved it existed....
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Cheque Mates Couple suffered major injuries in a car crash while driving to a niece's wedding....
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Plaintiff, 38, Blaming 1995 Accident For Back Injuries The plaintiff, now age 38, was injured in a motor vehicle accident in April 1995. The key issue on an assessment of damages was whether the accident was the cause of thoracic disc protrusions discovered by way of MRI scan in March 1998....
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Sisett & Company has had many
meaningfully successful cases. To view articles about some of our cases please
click on the headline below: BEWARE OF TORT REFORM! Don’t be misled by claims that insurance premiums will
be reduced by “Tort Reform” seeking to limit the amount of damages
payable to victims or their estates for wrongful death or injury. - Jan, 2003.[Read
More]
Attached Attached is an example of some of the heartache and anguish
which plagues a claimant under our present system. - The Globe and Mail, July
16, 2001. [Read More]
Quantum
Assessment
Plaintiff awarded $125,000 in damages for thoracic disc protrusions from motor
vehicle accident - Personal Injury Law Digest, January 25, 2001. [Read
More]
Crash
Victim Wins $1-million Court Award
"A Surrey woman who still suffers from post-traumatic stress disorder five
years after a car accident has been awarded more than $1 million in B.C. Supreme
Court." - Vancouver Sun - Tuesday August 12, 1997. [Read
More]
Map
Leads To $345,594
"Space-age technology has helped a Vancouver woman win a $345,594 court
settlement." - Province - Sunday August, 1993. [Read
More]
Cheque
Mates
"Abbotsford senior Fred Knuth has more than one reason to toast ICBC's payment
of an injuries award.
Her name is Annie Knuth." - Province - Sunday March 1993. [Read
More]
Angry
But Grateful After Arm Attached
"When Mel EcElree looks at his reattached right arm, he is grateful for
the woman who saved him and bitter at the driver who took off."
- Province - Wednesday November 4, 1992. [Read
More]
A. Medical Malpractice
We do not handle medical malpractice cases nor WCB appeals. Given the present
state of our law, medical malpractice and worker compensation are no longer areas
which we pursue. Our firm limits involvement matters of general negligence and
insurance law for all other injury cases, including disability insurance coverage
issues.
The following statistics indicated a weakness in the justice element of our laws
for those seeking redress or remedy for medical malpractice wrongs: In 1999 the
Canadian Medical Protective Society recorded that 902 cases against physicians
were dropped and only 144 cases went to trial in all of Canada. Doctors won in
103 of those 144 cases.
While the Canadian Medical Protective Society paid out 99.6 million in awards
in 1999, it spent the sum of 66.4 million in legal costs defending cases. Damage
for catastrophic injury to victims is measure mainly in terms of future care
costs. If the claimant dies before trial our laws dictate that the claim for
damages substantially dies with that claimant. Even non catastrophic injuries
often cost substantial sums to litigate, requiring the help of expensive experts,
often brought in from great distance. Proof of negligence in claims of medical
malpractice is a difficult uphill battle.
B. WCB (Now called the Work Safe)
The Workers’ Compensation Board was set up to benefit all workers by providing
a “safety net” of benefits for all workers with claims processed
outside of the courts. Benefits are categorized and set at arbitrary levels to
economize rehabilitative recovery costs; but not to give full monetary compensation
for the loss. The legislative scheme provides a guarantee of a minimum compensation
from work injuries or diseases to all workers on a “no fault” basis
in exchange for limiting individual right to full loss recovery. The Workers
Compensation Act prevents access to the courts. Only a percentage of wage loss
is paid and no recovery is allowed for pain, suffering or lifestyle change. Workers
with permanent disabilities are awarded pensions, often on the basis of a “partial
disability” that provides minimal financial assistance.
Disputes over WCB coverage, entitlement, and pension awards are reviewed by the
Worker’s Compensation Appeal Tribunal (WCAT). Their mandate is to ensure
that decisions were made according to the Workers Compensation Act and WCB Policy,
so even successful appeals can seem an injustice.
Board reviews and appeals too often minimize recovery further.
Given the present state of the law, it is seldom cost effective to involve our
firm in WCB claim matters.
Full understanding of WCB application requires legal advice, but in general terms,
the Workers Compensation Act applies exclusively when a person is injured in
the course of employment by another worker. Whether that other worker shared
the same employer doesn’t matter. Where a person is injured in the course
of employment by a non-worker, that person may have the right to elect to claim
WCB, or to avoid WCB and sue the responsible party. There is some ability to “re-elect” even
after having started on WCB, but WCB requires repayment of benefits plus a steep “administration
fee”. Therefore, its important to get legal advice about whether to elect
WCB benefits or not when injured in employment by the fault of a non-worker,
as you may be better off without the WCB. A typical worker/non-worker situations
would include persons who drive for a living injured in a car collision.
These materials have been prepared by Sisett &
Company for general information purposes only and are not legal advice.
Any information provided is not a complete and up-to-date statement of the law
in British Columbia.
Legal matters can be complicated. For professional advice on the law as it applies
to the facts of your situation.
A personal consultation must be made and our professional services retained.
