CEO’s $1.8 million ICBC injury claim dismissed

A $1.8 million injury claim stemming from a Port Moody car crash ended with a $25 judgment following a recent Civil Resolution Tribunal judgment.

Zoltan Nagy was driving through an intersection in Port Moody when he collided with another vehicle. His airbags didn’t deploy, no emergency medical crews attended the scene, and he didn’t go to the hospital, according to the decision.

In addition to neck, shoulder, and back pain, Nagy told the court he often feels depressed and suffers from brain fog, making him unable to do his work as CEO of two publicly traded companies, Black Rock Petroleum Company and Lotus Bio-Technology Development Corp.

Nagy’s ICBC claim requested $1.25 million for “permanent impairment compensation” as well as $500,000 for income replacement and $50,000 for health care and rehabilitation benefits.

Contending that Nagy hasn’t proved he’s unable to work or suffering permanent impairment, ICBC asked the court to dismiss his claim.

Nagy had been in a car crash in 2015 which resulted in pain and stiffness in his cervical and lumbar spine. Those symptoms wee aggravated by a 2018 assault, according to a clinical record from Nagy’s family doctor written approximately nine months before the Port Moody collision.

Nagy had also been hit by a car while cycling in August 2020.

Four days before the Port Moody collision, the doctor wrote that Nagy had ongoing pain and showed no improvement.

Two months after the crash, Nagy reported that he continued to work full duties with modified hours.

The doctor diagnosed Nagy with whiplash-associated disorder, strains of his cervical and lumbar spine, bilateral trapezius strains, and a concussion.

ICBC contended that Nagy’s physical complaints were similar or identical to his condition before the Port Moody crash.

Nagy mentioned an independent assessment performed by Dr. Butterfield. He did not provide a copy of that assessment to the Civil Resolution Tribunal.

“So, I directed CRT staff to request a copy of the report from the parties. Mr. Nagy, on the advice of his lawyer, explicitly chose not to provide a copy,” wrote Civil Resolution Tribunal vice-chair Christopher C. Rivers.

At work, Nagy stated that he tried his best to complete the required tasks but could only do so on a limited basis or not at all.

Rivers described Nagy’s evidence about his employment as “threadbare.”

“He does not explain what his position entails, nor how his inability to concentrate or his brain fog impacts him,” Rivers wrote. “He refers, in places, to being unable to sit in front of a computer screen for more than 15 minutes, given that his back felt ‘strained,’ and his vision would blur.”

Evidence from paramedical providers, like physiotherapists, massage therapists, and kinesiologists suggest Nagy kept on working after the crash.

Ini his work for Black Rock, Nagy stated that he earned $127,500 USD as well as company shares.

“However, in his income tax return summaries for years before the accident, he declared far less income,” Rivers wrote.

He declared income of $56.37 in 2022, and $0.00 in 2023, according to the decision.

Ultimately, Nagy didn’t prove he was “unable to continue his full-time employment due to bodily injury,” Rivers wrote, explaining his decision to dismiss that aspect of the claim.

There was also no medical evidence proving Nagy’s brain fog could be attributed to the 2022 crash.

Nagy’s claim was dismissed.

Rivers ordered Nagy to pay ICBC $25 in tribunal fees.