More than four years after being rear-ended while driving his vehicle down Penticton's Main Street, a local man has won his case against ICBC proving his injuries were severe.
Glenn Morezewich submitted a minor injury determination to the Civil Resolution Tribunal after being involved in a motor vehicle accident on Feb. 4, 2021, with Max Dallamore.
According to the recently published decision, Morezewich was unable to work in his position as a practitioner of Chinese medicine following the accident.
He was diagnosed with a concussion at Penticton Regional Hospital after the crash.
ICBC determined his injuries were minor under the Insurance (Vehicle) Act, which caps the payout for pain and suffering at $5,500.
To prove a serious impairment, the individual must be unable to perform the essential tasks or work for longer than 16 weeks, ongoing since the accident, and not be expected to improve substantially.
When Morezewich finally returned to his practice in May 2022, he was only able to handle a reduced workload of a maximum of two repeat patients with simple issues at most.
Before the accident, he claimed he was able to see multiple clients throughout a workday, including new ones, and those with more complex issues.
Morezewich went to see his family physician, Dr. Colwyn Wren, complaining of memory difficulties and he was referred the applicant to a concussion specialist.
He also saw neurologist Dr. Donald Cameron in May 2021, who wrote Morezewich had reported he was dealing with decreased memory and excessive sleep, along with irritability, mood swings, decreased tolerance of stress, vision issues, balance issues, and headaches.
In a Feb. 9, 2023, update, Cameron reported Morezewich had ongoing post-concussion symptoms, which included difficulty with memory, concentration, distraction, and multi-tasking.
"He also had mood swings, anger outbursts, and irritability. He was unable to “shift gears” between tasks, and had to take breaks throughout the day," the decision reads.
By October 2023, neuropsychological testing revealed Morezewich had diminished abilities for processing speed, attention, and memory.
Dr. Kaushansky concluded he was dealing with mental health conditions, a mild neurocognitive disorder, and a mild traumatic brain injury with enduring post-concussion symptoms.
In a report from March 26, 2024, Kaushansky said Morezewich reported that he felt like he was living in a “haze."
"Dr. Kaushansky says the applicant was “wise” to reduce the extent of his clinical practice," the decision added.
Max Dallamore, represented by ICBC, tried to dismiss the claims, as Morezewich was not working at the time of the crash and as he needed to be in "continuing" work, argued he wasn't covered.
This was due to Morezewich being assaulted three months before the crash, which left him with a concussion and he still had not returned to work when he was rear-ended.
However, tribunal vice-chair Christopher C. Rivers said in his decision that Morezewich had returned to practicing Chinese medicine as his recovery progressed and was practicing Chinese medicine less than six months before the accident.
Rivers ruled ICBC not to classify his health conditions as "minor injuries" and ordered the insurance to cover $5,000 of his $8,000 legal bill.
