$40,000 Awarded for Aggravated Fibromyalgia Condition in ICBC Injury Claim

In the recently published case of Pardis v. Gill, 2011, BCSC 1414, Mr. Justice Masuhara awarded $40,000 in non-pecuniary damages to a plaintiff who sustained personal injuries in a motor vehicle accident on Christmas eve 2007. at the intersection of 134th Street and 81B Ave. in Surrey, BC.  In coming to his decision regarding this award for damages, Justice Masuhara recognized that the plaintiff had a pain condition that predated the accident:

 

[70]  In light of the opinion of Dr. Apel, the plaintiff’s prior medical history which included ongoing pain in her back, legs, knees, neck and headaches; and her history of attendances to her chiropractor for regular treatment for three years prior to the Accident, I am of the view that she likely had fibromyalgia prior to the Accident.

 

[73]…I find that the Accident aggravated  Ms. Paradis’ condition of fibromyalgia.  My view is that Ms. Paradis’ pain is predominately in the mild to moderate range (although it can increase) and relates to her lower back; that she suffered from back and neck pain as well as headaches prior to the Accident but not as great…

 

[84]… also I accept that Ms. Paradis’ level of pain and disability can be significantly controlled with proper management

 

[85]  In all the circumstances, I assess general damages as $40,000

 

Loss of Future Earning Capacity In ICBC Injury Case

 

Justice Mashuhara also awarded the plaintiff $40,000 for a loss of future earning capacity.  In doing so, he noted the following:

 

[99]  Ms. Paradis is currently working full-time and earning more than she was at the time of the Accident.  There is no evidence that she is not meeting expectations nor that her job is at risk.

 

[100]  The plaintiff however submits that there is a reasonable possibility that she will not be accommodated with sedentary or lighter duties in the future.  It is argued that should hr present position end she could well be forced to seek a job only to find those jobs that are physically beyond her ability.  Thus she would have to labour under disability at reduced working hours so she can cope and that will lead to a future of significantly lower income.

 

[103]…I recognize that the exercise here is to deal with the real possibilities.  The possibility of the job loss as hypothesized by the plaintiff would more likely in my view occur several years into the future.

 

[106]  In the circumstances, taking into consideration all substantial possibilities, both positive and negative, and giving them weight according to how likely they would occur, in light of all the evidence, I assess the loss of earning capacity as $40,000.

 

In Trust Claim in ICBC Injury Case

 

An “in trust” claim of $3,000 was awarded to the benefit of the plaintiff’s mother who travelled several times from Calgary to Surry to assist the plaintiff, including washing laundry, cleaning the apartment, throwing things out, and packing the plaintiff’s things for her move to Calgary.

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