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ICBC ordered to pay for Vernon man's rehab following motorcycle crash

The Civil Resolution Tribunal granted Bernard Onderwater reimbursement for treatments, but not income replacement benefits
22209640_web1_191106-SIN-ICBC-claims-office-file-photo
ICBC claims office. (Black Press media files)

The Civil Resolution Tribunal has ordered ICBC to pay for a Vernon man's rehabilitation costs after a 2021 motorcycle crash left him with lasting injuries. 

Tribunal documents show Bernard Alan Onderwater was in a motorcycle crash in Sicamous in July 2021. He was in another crash in August 2023. His claims only relate to injuries suffered in the first accident. 

Onderwater took ICBC to the tribunal claiming the Crown corporation owed him rehabilitation and income replacement benefits. Specifically, he claimed ICBC should continue to pay for his chiropractic and massage therapy treatments. His claim amounted to $25,862. 

Onderwater is self-employed installing HVAC systems and claimed he could not work after the 2021 accident and had to hire someone to complete existing jobs. This was the basis of his claim for income replacement. 

ICBC said it has funded all of Onderwater's health care and rehabilitation costs related to his injuries, and argued Onderwater had not provided proof to support his claim for income replacement benefits. It asked the tribunal to dismiss his claims. 

The tribunal agreed with ICBC that Onderwater had not provided evidence of his income prior to the accident. 

"ICBC asked Mr. Onderwater to provide his tax returns, his business statements, and details about his work. He did not do so," reads the decision.

Onderwater is receiving income replacement benefits for the 2023 accident and sought the same amount for the 2021 crash, but due to the lack of information about his income before that first crash, the tribunal dismissed his claim. 

However, Onderwater did submit invoices for chiropractic and massage therapy sessions from January 2022 to August 2023, and the tribunal ordered ICBC to reimburse him for those treatments. The actual amount to be paid wasn't determined in the decision but will be based on the legislated amount for those treatments. 

Onderwater was also awarded reimbursement for travel.



Brendan Shykora

About the Author: Brendan Shykora

I started at the Morning Star as a carrier at the age of 8. In 2019 graduated from the Master of Journalism program at Carleton University.
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