The claimant applied to the LAT for entitlement to IRBs. Prior to the accident, the claimant, who worked as an employee on an “on call” basis, had not been called upon to work for a period of six weeks. The insurer denied IRBs on the basis that the claimant was not eligible for IRBs because she was not earning wages for herself at the time of the accident. Adjudicator Evans concluded that the existence of an employee relationship alone does not satisfy the employment criteria under s. 5(1)(1)(i) of the SABS. Rather, the employment criteria of s. 5(1)(1)(i) will be satisfied when an employment relationship is ongoing and a given accident occurs during a time when the claimant is receiving remuneration for services. As a result, the claimant was not entitled to an IRB and the application was dismissed.
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