Is ICBC Doctor shopping?

In reading the preliminary motion decision released today in the case of Imeri v. Janczukowski, one gets the feeling that ICBC was "doctor shopping".

In 2006, ICBC had forced Ms. Imeri to attend an "independent" medical examination by an orthopaedic surgeon, Dr. Boyle.  ICBC's stated reason for the examination was that it was required to determine entitled to Part II no fault benefits (such as treatment or wage loss replacement).

In 2010, ICBC applied to have Ms. Imeri examined by a different orthopaedic surgeon, Dr. McGraw.  ICBC advanced the argument that this examination was for a different purpose, namely, Ms. Imeri's lawsuit for compensation for her injuries.

ICBC provided no explanation why they now wanted a different doctor to examine Ms. Imeri, rather than having Dr. Boyle do a re-examination.  One could be left with the feeling that ICBC didn't like the first opinion and was hoping for an opinion more favourable to ICBC's case from Dr. McGraw.

The Court refused to order the examination by Dr. McGraw and agreed with Ms. Imeri that any re-examination of her injuries should be conducted by Dr. Boyle.

This type of situation is not unusual.  Individuals not represented by an experienced ICBC claim lawyer are often asked early in their claims to attend for a supposedly independent Part VII medical examination.  ICBC will then seek a further examination once the person files a lawsuit. 

If you are dealing with ICBC on your own, it is important to seek legal advice if you are being asked to attend an independent medical examination.


Disclaimer:  This post is not intended as legal advice.  Every ICBC claim is different and dependent on its facts.  To obtain advice on a specific claim, please visit  us at www.gantzertlaw.com.