“ARTS IVAL, ” Celebrate Community. Celebrate Art. August 4 ~ 13, 2000 At John Lawson Park and other seaside venues in West Vancouver. Slanderous second opinion IF you've been hurt in a car accident, ICBC may want you to see one of their doctors for a sepa- rate evaluation of your injurics. This is especially true if ICBC questions vour claim. And this is what Glenn Bunkowski, a security officer, was asked to do. He'd hired a lawyer, Frank Turco, to act for him in his claim. Turco had practised law for 31 years, specializing in personal injury litigation tor over 10 years. After starting Bunkowski’s lawsuit, Turco received a letter from ICBC advising that ICBC had set up an “indepen- dent” medical examination for his client with a doctor. According to Bunkowski, when he went for his appoinr- ment, the doctor told him he couldi’t believe he was still hurt a year-and-a-half after the accident, contrary to the other doctors’ opinions. “1 was humiliated by his comments to me suggesting that my back pain is entirely due to the fact that I am overweight and that I apparently spend tov much time in the refrigerator,” wrote Bunkowski in a memo to his lawyer immediately after see- ing the physician. The doctor then proceeded to ask Bunkowski if there was any reason why he hadn’t 2000 $2 iad « Most fuel-efficient special-purpose My vehicle in Canada, MS.RP. "19.990 raked eked brought his medical records to the appointment and said this was something Bunkowski's lawyer should have done. He added that “this will cause you to take a big cut in money” and “your lawyer must not be very good or be working very hard for vou to have not done this.” Turco wrote to the doctor that afternoon, telling bim that Bunkowski felt insulted by his comments. He also subse- quenty sued the doctor for defamation. At the defamation trial, the judge said it was not Bunkowski’s or his lawyer's duty to provide ICBC with X- reys. “An insured’s obligation ... is to allow himself to be exam- ined. It is not to run around collecting clinical records and X-rays so that he can provide thein to the examiner for ICBC’s benefit and the exam- ining physician’s conve- nience.” The judge also said [CBC and its doctors shouldn’t inter- fere with the lidgation process. “At the heart of that process are the litigants and their relationship with deir legal advisors. Interference wih that relationship is a result which cannot be tolerat- ed, for it can take many forms, some subtuie and some More obvious. Such interference, if permitted, could undermine the litigants’ ability and right to participate fully in the trial process.” The judge also noted that the doctor earned over $230,000 a vear berween 1993 and 1995 just for preparing, medical opinions for ICBC, and he questioned the “independence and objectivity of witnesses presented on their behalf.” {n the end, the judge con- cluded the doctor had slan- dered Bunkowski's lawyer and awarded Turco $20,000 in damages. Meanwhile, Bunkowski continued to use Turco es his lawyer, and his personal injury claim was eventually setded. If you're injured in a car accident, consult your lawyer to make sure your rights are protected. This colunim las been writ- ten with the assistance of Daryl Collier of the North Vancouver law firm: of Ratcliffe & Company, Suite 500, 221 West Esplanade, 988-5201. The cal- nnn provides information only and must not be relied on for legal advice. -Purchase Financing al 1.9% APA is offered for up to 24 months only. 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