Kelowna man wins legal fight after ICBC ‘ignored’ the details

A Kelowna man has won a legal challenge against ICBC after the provincial insurer classified him as a part-time worker, which greatly reduced his benefits.

The BC Civil Resolution Tribunal said it was “confusing” that ICBC had considered Kelowna resident Kevin Willier a part-time earner, and the provincial insurer had “ignored” information he sent them.

“ICBC also appears to ignore that as a self-employed person, Mr. Willier likely spent countless unpaid hours developing his business and coordinating an extensive travel schedule,” the Tribunal said in a decision published May 9.

The decision said Willier had worked as a self-employed baseball coach until he was injured in a car crash in late 2023.

Willier applied to ICBC for income replacement benefits, health care, and rehabilitation benefits.

However, ICBC said he was a part-time earner and calculated his benefits accordingly.

The insurer said he earned $37,800 gross annually and paid him $654 weekly.

Willier disputed this and took legal action against ICBC through the BC Civil Resolution Tribunal.

The case highlights the lengths people are forced to go to if they disagree with ICBC.

The decision said Willier started working as a professional baseball coach and trainer in June 2022 and traveled extensively around North America with his work.

He said he normally works from 3:30 p.m. to 9 p.m. five days a week at clients’ houses, in batting cages, or at home.

“Every weekend, he is on the road. He travels around BC and the United States, providing professional coaching services at various tournaments,” the decision read.

He provided a list of 18 baseball tournaments he’d worked out in a year all around North America.

However, ICBC argued he hadn’t proven that he worked full-time.

As evidence, the insurer provided an email he’d sent them saying he did three one-hour private sessions five days per week. ICBC said this showed he worked 15 hours per week.

“Confusingly, ICBC ignored the next sentence in Mr. Willier’s email where he says he also travelled almost every weekend for his job,” the Tribunal ruled.

He also provided three years of tax returns.

READ MORE: Kamloops school trustee forgoes pay amid budget pressures

“I acknowledge that Mr. Willier has not provided a breakdown of every hour that he worked… however, I am satisfied based on the evidence before me that Mr. Willier was working at least 28 hours in each week of the year before the accident,” the Tribunal ruled.

The Tribunal ordered ICBC to calculate his benefits based on an $78,000 a year income.

The decision said Willier also made lengthy submissions about how ICBC handled his claim, including its many alleged delays, but the Tribunal said it would only address his entitlement to accident benefits and not ICBC’s conduct.

Willier also claimed $480 for an injection of Durolane, which his orthopedic surgeon had given him.

The decision said ICBC had originally agreed to pay, but then backtracked and said it wasn’t covered.

The insurer said the injection was because of an injury he already had.

Again, the Tribunal disagreed.

The decision said that while Willier did have a pre-existing knee injury, his doctor said the car crash had “exacerbated” it.

“Notably, ICBC does not address Dr. Day’s comments in its submissions. This is likely because these comments support a finding that the accident worsened Mr. Willier’s knee injury, requiring a knee injection,” the Tribunal ruled.

ICBC argued Willier hadn’t mentioned the knee pain to them until two months after the accident, which proved the accident hadn’t made the knee injury worse.

“I find this argument unpersuasive,” the Tribunal said and ordered ICBC to cough up for the injection.

Willier also made several other claims for expenses, but the Tribunal found these had already been paid.

He also tried to claim $5,200 for house assistance and cleaning costs, but for technical reasons, the Tribunal refused to assess it and said he had to pursue it with ICBC, and if unsuccessful, start another Civil Resolution dispute.