RHE obtains $354,000 award for young, hard-working restoration worker

RHE obtains $354,000 award for young, hard-working restoration worker

RHE trial lawyer Silvana Herra was counsel for Ken Firman, a 31 year old supervisor at a restoration company who suffered from chronic neck and back pain after he was hit from behind and knocked off his motorcycle in 2015.

Mr. Firman held a physically demanding job at the time of his accident.  It was grueling work but he was proud of it and excited because of the opportunities to work overtime in the industry. Ever determined, Mr. Firman was eventually able to return to work and to full-time hours after his accident and was eventually promoted because of his work ethic and intelligence.

ICBC defended the claim by alleging that Mr. Firman’s injuries only minimally impacted his future earning capacity. The Court rejected ICBC’s theory of the case and recognized the effect that chronic pain has on competitive employability. Despite acknowledging that Mr. Firman is a hard worker who is dedicated and valued by his employer, and notwithstanding his recent promotion at work, the Court awarded $200,000 for loss of future earning capacity.

This is a case that should not have gone to trial.  Mr. Firman is a private a person who did not want to inconvenience his friends or co-workers and especially did not want to ask them to attend court during the global pandemic.  The Court has long accepted that even people who work full-time can sustain a loss of earning capacity as a result of chronic pain and ICBC should have acknowledged this early on. This case is yet another example of wasted court resources and time resulting from ICBC’s low ball settlement litigation strategy which is designed to undercompensate injured British Columbians and intentionally place further strain on the court system.

The full reasons for judgment can be found here.