The claimant sought entitlement to income replacement benefits and was successful at the LAT. The insurer sought reconsideration as it asserted that the claimant was working during a period in which IRBs were awarded. The claimant countered by asserting improper notice was provided under Rule 18.1. Executive Chair Linda Lamoureux determined that the proviso noting a party indicate if it is seeking judicial review was only if the party is indeed seeking an appeal and that a party need not declare it is not appealing. Moreover, Rule 3.1 allowed for a liberal interpretation of the Rules so as to not cause unfairness or prejudice. The reconsideration was allowed and on review, Executive Chair Lamoureux noted that the LAT decision did not properly consider evidence that the claimant worked during a period in which IRBs were claimed. As a result, the reconsideration was granted and the matter remitted for a rehearing.
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