VANCOUVER — The B.C. Court of Appeal says a man left paralyzed by a sexually-transmitted disease is entitled to a disability payment from his health insurance company and dismissed their appeal of the award.

Randolph Charles Gibbens, 45, contracted Type-2 herpes after having unprotected sex with three women in January and February 2003.

Gibbens went to his doctor complaining of headaches and muscle pain but wasn't diagnosed. His doctor diagnosed a viral illness and prescribed symptomatic treatment.

Four days later, Gibbens went to a hospital emergency department, complaining of urinary retention, kidney pain and pelvic discomfort. He had been vomiting for two days and was very shaky and unco-ordinated. He was diagnosed with urinary retention, possible alcohol withdrawal and epigastric pain.

His health continued to deteriorate until Feb. 23, 2003, when he was left paraplegic.

The Type-2 herpes virus caused an inflammation of his spinal cord that caused total paralysis from mid-abdomen down.

The accidental disease or dismemberment benefit provided by his union through Co-operators Life Insurance Company kicked in Feb. 1. Gibbens's condition wasn't diagnosed until after he was paralyzed.

The insurer appealed a lower court decision awarding Gibbens his $200,000 benefit but the Appeal Court unanimously dismissed their appeal, saying his paralysis was "unusual, if not `unnatural or extreme,' ''and qualified as a bodily injury under his health plan.

An expert told the court that the infection brought on by the herpes virus in Gibbens is a rare occurrence and happens only in one in millions of cases.

Justice Mary Newbury wrote that "the question for this court is whether the chambers judge was correct in ruling that Mr. Gibbens's paraplegia was sustained `directly and independently of all other causes from bodily injuries occasioned solely through external, violent and accidental means' within the meaning of the insurance policy.''

"I conclude that his paralysis qualifies as `bodily injury occasioned solely through violent means' as well as `accidental' and `external' means, and is therefore covered by the policy,'' Newbury wrote on behalf of the three-judge panel of the appeal court.

Justice Mary Saunders added that the world is "full of pathogens.''

"I dare say no one intends to `catch' one through regular activities of living and so it may be difficult to perceive a principled difference between the unintended and unexpected contraction of a common ailment from the events before this court.''