A.S. v. Aviva Canada Inc. (18-001273)

The claimant sought entitlement to a special award. The insurer had requested an OCF-10 Election based on the Disability Certificate supporting both IRBs and NEBs. The claimant argued that it was unnecessary, but later submitted an Election. The insurer agreed to pay IRBs from the date of the Disability Certificate. The claimant argued that she should receive IRBs back to one-week post-accident. The insurer ultimately did pay IRBs back to that date. The claimant still pursued a special award. Adjudicator Punyarthi held that it was not unreasonable for the insurer to request an Election and that the SABS did not require an insurer to pay a specific benefit before submission of a Disability Certificate. A special award was not payable.