BC Court of Appeal upholds exclusion of job retraining expenses in damages for injury

In a recent case involving personal injuries due to a motor vehicle accident, the British Columbia Court of Appeal determined that the vocational rehabilitation expenses were not health care expenses that the trial judge should include in the damages award.

In Simms v. Alzawad, 2025 BCCA 346, the appellant was eligible for WorkSafeBC benefits because he was carrying out his job duties as a hospital transfer driver when the collision happened.

WorkSafe spent $56,546.24 for the appellant’s benefit, comprising medical services plan payments, other health care benefits, and expenses under its vocational rehabilitation program.

The appellant brought a civil claim against the respondent, who admitted liability, and included in the pleadings a subrogated claim seeking recovery of WorkSafe’s