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ICBC MUST PAY FOR MASSAGE THERAPY UNDER PART 7

On November 29, 2011, the British Columbia Court of Appeal upheld the decision in Raguin (Litigation Guardian of ) v. Insurance Corporation of British Columbia, 2011 BCCA 482 , which found that ICBC must pay for prescribed massage therapy treatments if they were ordered by a physician.

The Court found that massage therapy met the two requirements of a mandatory benefit payable by ICBC under Part 7 of the Insurance (Motor Vehicle) Act Regulation. First, massage therapy fits within the definition of physical therapy, making it a mandatory benefit. Second, massage therapy was a necessary treatment because it had been recommended by the injured party’s doctor as part of recovery.

ICBC however has arbitrarily fixed the rate that they will pay for these treatments, and this amount is usually approximately 20% of the actual cost of treatment which leaves injured patients footing the bill for their treatments.