What is the test for providing medical justification for a future cost of care claim?
British Columbia, Canada
The following excerpt is from Gohringer v. Hernandez-Lazo et al, 2009 BCSC 420 (CanLII):
Accordingly, I find the plaintiff has not satisfied her onus to provide medical justification for her future cost of care claim: Milina v. Bartsch (1985), 1985 CanLII 179 (BC SC), 49 B.C.L.R. (2d) 33, CarswellBC 13 (S.C.) at para. 211, aff’d by (1987), 49 B.C.L.R. (2d) 99 (C.A.). Past Wage Loss
A claim for past income loss is a claim for loss of earning capacity resulting from the effects of injuries suffered in an accident. As the decision of Rowe v. Bobell Express Ltd., 2005 BCCA 141, 251 D.L.R. (4th) 290, makes clear, this type of claim is for the “loss of the value of the work that the injured plaintiff would have performed but was unable to perform because of the injury”: at para 30.
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