The claimant applied to the LAT seeking entitlement to IRBs, physiotherapy, and interest on overdue payments. Adjudicator John found that the insurer was not liable to pay IRBs during the period in which the claimant was non-compliant with s. 33 requests for an OCF-2 and other reasonably required employment/income-related documents. Adjudicator John also found the claimant was not entitled to IRBs as he did not show, at the time of the OCF-3 dated February 14, 2018, that he was substantially unable to perform the essential tasks of his pre-accident job because of accident-related impairments. Adjudicator John concluded that there was no evidence provided by the claimant as to what his essential job tasks were and how his impairments from the accident prevented him from performing those essential tasks. Additionally, the report of the claimant’s social worker did not provide any insight into the claimant’s pre-accident job and current limitations. Adjudicator John found that the claim for physiotherapy was statute-barred by the limitation period prescribed by s. 56 of the Schedule.
