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N.F. v. Aviva Insurance Canada (18-007077)

  • July 30, 2020

The claimant sought entitlement to IRBs and a chronic pain assessment. In addition to denying entitlement to the claimed benefits, the insurer disputed what the weekly quantum of IRBs would be. Adjudicator Mazerolle concluded that the claimant was entitled to IRBs and the chronic pain assessment. The claimant worked as a restaurant manager and his accident-related impairments prevented him from his job demands. Adjudicator Mazerolle accepted that the quantum of IRB was to be determined based on a revised tax return (which supported IRBs of $400 per week), rather than the original tax return (which showed almost no pre-accident earnings)

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, Medical Benefits
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