Crash claim dismissed as retiree’s injury deemed non-catastrophic

A man who suffered a torn rotator cuff after being hit by a minivan while rolling across a Coquitlam crosswalk in his wheelchair will not get extra benefits from ICBC, according to a recent Civil Resolution Tribunal decision.

Martin Anthony Schikora, a retired structural steel detailer, was thrown from his wheelchair in a Feb. 1, 2024 crash and spent nine weeks in hospital. He also suffered a shoulder injury that eventually required surgery.

Prior to the collision, Schikora was largely independent despite having carpal tunnel syndrome as well as high-level paraplegia, a symptom of paralysis that tends to affect the legs.

The shoulder injury, an acute tear of his rotator cuff, “severely limited” Schikora’s ability to move around on his own. His limited mobility resulted in pressure wounds, requiring another surgery.

Schikora asked for extra Activities of Daily Living benefits from ICBC.

The insurance provider denied his claim, contending it had already provided Schikora with the maximum ADL benefits allowed under legislation.

The case revolved around whether or not Schikora had sustained a “catastrophic” injury, which would entitle him to more ADL benefits.

“I appreciate Mr. Schikora’s frustration,” wrote tribunal member Megan Stewart, noting that ICBC started pay the retiree “unused” ADL benefits in May 2025.

“Had ICBC been providing Mr. Schikora those ‘unused’ benefits as they arose, he would have had funds he was entitled to at his disposal following his shoulder surgery to pay for extra support,” Stewart wrote.

However, B.C.’s laws around Permanent Impairment Regulation are “highly prescriptive” when it comes to which type of injuries are defined as catastrophic.

“I can find no room in the legislated meaning of catastrophic for an interpretation that includes a torn rotator cuff, even for a person with pre-existing paraplegia,” Stewart wrote.

As the injury is non-catastrophic, Schikora is already receiving maximum benefits, she concluded.

Schikora’s claim was dismissed.