Is there any case law supporting the proposition that once a claimant has received a medical opinion that recommends that they be entitled to ICBC treatment?
British Columbia, Canada
The following excerpt is from Tiessen v. ICBC, 2008 BCSC 1822 (CanLII):
This submission is somewhat of an overgeneralization based on the conclusion expressed in the Redford reasons. As I read the whole of that decision, it appears to me that the judge engaged in the same review of the evidence as I have done here before finding that the plaintiff satisfied the conditions precedent to claim under s. 88(1). In Prato v. I.C.B.C., 2002 BCSC 676, the court, at para. 39, held that Redford is authority for the proposition that once the claimant obtains a medical opinion that recommends treatment for the injuries suffered as a result of the accident, he or she is entitled to have the treatment covered and would only become disentitled if ICBC obtains a contrary medical opinion.
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