What is the impact of fatigue, fear of re-injury and recurrent bouts of right shoulder and hip pain on a plaintiff's tolerance for exercise?
British Columbia, Canada
The following excerpt is from Rajan v. Hudon, 2014 BCSC 1678 (CanLII):
Fatigue, fear of re-injury and recurrent bouts of right shoulder and hip pain have all eroded the plaintiff’s tolerance for exercise. A plaintiff will be excused from properly mitigating where she fails to follow a recommendation for treatment for reasons beyond her control: Cantin v. Petersen, 2012 BCSC 549 at para. 109. The plaintiff’s fear of re-injury flowed from the persistence of her chronic pain, and is a factor beyond her control. This is not a case where the plaintiff has unreasonably chosen to disregard a recommendation of her care givers.
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