The claimant sought entitlement to IRBs and ACBs. Adjudicator Kaur found that the claimant did not suffer a substantial inability to perform the tasks of her pre-accident employment as a result of the subject accident. The claimant was not working at the time of the accident due to a prior workplace injury, and her family doctor’s evidence was that she would require significant improvement before being able to return to work. Adjudicator Kaur found that the claimant’s testimony that that her pre-existing low back pain had resolved was not credible, given that she had not returned to work and remained on short term disability at the time of the accident. Adjudicator Kaur also found that the claimant did not have functional limitations that would warrant entitlement to ACBs. The claimant’s Form 1 was submitted with no accompanying report and no explanation as to why the level of care was recommended. Adjudicator Kaur preferred the findings of the IE assessors, as their objective testing / observations showed that the claimant was able to perform her self-care needs.
Menu