A B.C. crash victim who was rear-ended by a driver has won money to help pay for traditional Chinese medicine treatments – but not as much as they were seeking.
The B.C. Civil Resolution Tribunal has ordered Hei Man Fong to pay $4,419.93 to Yoko Wong in damages after a February 2020 car crash, according to a recently published decision.
Wong was a passenger in a vehicle rear-ended by Fong, said the decision, and Wong had to pay out-of-pocket for TCM treatments. Wong was seeking $60,000 for the past TCM treatments, past and future massage therapy treatments, future TCM treatments, plus money generally to cover ongoing treatments.
“The respondent says Ms. Wong has been reimbursed for her TCM expenses, is not entitled to reimbursement for the massage therapy treatments, and that she has not proven any entitlement to future care costs,” said the decision.
“The respondent was undisputedly responsible for the accident. As a result of the accident, Ms. Wong says she suffered injuries to her chest, neck, shoulder, back, head, and left ear,” said the decision.
Wong had already paid for 49 treatments.
Wong had also requested a two-year pause in the dispute to allow “further medical investigations” or $50,000 in damages, said the decision.
The CRT decision disagreed on a delay.
“I find pausing this dispute at this late stage, after the parties have provided all their evidence and submissions, would be inconsistent with the CRT’s mandate to provide accessible, speedy, economical, informal, and flexible dispute-resolution processes,” reads the decision. “Further, I note Ms. Wong’s claim for entitlement to accident benefits from ICBC is a separate and distinct issue. Nothing in this decision precludes Ms. Wong from requesting accident benefits from ICBC, or bringing a future claim against ICBC at the CRT if ICBC denies any requested benefits.”
“In order to receive an award for future care costs, Ms. Wong must establish what costs are reasonably necessary, and must provide medical evidence to support her claim,” said the decision. “I find Ms. Wong has not proven she is entitled to any award for future care costs. I dismiss this aspect of her claim. However, as noted above, nothing in this decision precludes Ms. Wong from requesting accident benefits from ICBC as needed.”
In the end, Wong won roughly the amount to cover treatments already paid for.