The claimant sought entitlement to IRBs. The insurer brought a preliminary motion to strike evidence found in the claimant’s document brief, arguing that the evidence was hearsay of unproven allegations and irrelevant to the matters to be determined at the hearing. Adjudicator Farlam dismissed the insurer’s motion, stating that evidence is rarely excluded prior to a hearing by the Tribunal. Having heard no evidence from either the claimant or the witnesses, the Adjudicator was unable to determine whether the evidence would be relevant. With respect to IRBs, the adjudicator found that there was insufficient medical evidence to establish that the claimant suffered a substantial inability to complete the essential tasks of employment. There was no documentary evidence from either of the claimant’s pre-accident employers, post-accident employers, or the claimant’s union to suggest that he was substantially unable to perform the essential tasks of his employment, that he was let go for that reason, or that he resigned for that reason. The claim for IRBs was dismissed.
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