Staszewski v. Intact Insurance Company (19-012409)

The claimant applied to the LAT seeking entitlement to pre- and post-104 IRBs. Three medicolegal reports noted the claimant had returned to work in some capacity since the accident. The insurer suspended the claimant’s entitlement to IRBs pursuant to section 33 of the SABS for failure to provide documentation regarding post-accident employment and income. The claimant argued that the insurer had suspended IRBs without justification. Adjudicator Parish found that the insurer was justified in requesting further documentation to confirm whether the claimant earned any post-accident income. An adverse inference was drawn relating to the claimant’s refusal to produce bank statements. Adjudicator Parish found that the insurer was not liable to pay IRBs to the claimant, pursuant to section 33(6) of the SABS.