Chris McCormack was successful in defending a LAT Request for Reconsideration in an accident benefits claim for income replacement, medical, and rehabilitation benefits (Landa v. The Dominion of Canada General Insurance Company, LAT 19-011699/AABS).
This matter related to an accident that occurred in 2007. The 1996 SABS and the 2010 SABS applied to the issues in dispute. In the substantive decision, the Tribunal had found that the claimant was not entitled to an IRB as she failed to provide requested information pursuant to s. 33 of the SABS. Medical and rehabilitation benefits were not payable as the claimant failed to submit treatment plans in accordance with the SABS and FSCO guidelines and/or failed to prove that the proposed benefits were reasonable and necessary as a result of the accident. In the Reconsideration Decision, Adjudicator Kepman held that a reconsideration hearing is not the appropriate time for parties to be rearguing their position and found the claimant had not shown that the Tribunal made an error of procedural fairness by not addressing every argument and piece of evidence raised in the claimant’s submissions.
Small, administrative, or typographical errors were not a basis for granting a Request for Reconsideration. Adjudicator Kepman held that it was not the Tribunal’s role to investigate a claim and request further evidence. The claimant’s references to privileged settlement discussions were not considered. The Request for Reconsideration was dismissed.