BC Court of Appeal Confirms Lifetime Yoga Treatment for Injured Working Mother
In a precedent setting ruling, the BC Court of Appeal unanimously upheld the award a trial judge gave to Gloria Clark for yoga treatment until her life expectancy. ICBC has long resisted paying injured victims for yoga treatment for soft tissue injuries. The BC Court of Appeal explained the trial judge made no error of legal principle in finding on the medical evidence and the testimony of Ms. Clark that yoga assisted her in managing the chronic pain she suffered after a car crash.
The BC Court of Appeal also upheld the trial judge’s award for lifetime loss of earning capacity. The Court of Appeal said it is perfectly acceptable for the trial judge to find that Ms. Clark’s chronic pain resulted in a substantial possibility that her pain would adversely affect her ability to work. This decision is a tremendous win for Ms. Clark and a precedent setting case for injured British Columbians obliged to go to court against ICBC or other insurance companies. Here are the full reasons of this 2014 Court of Appeal decision: