Category: Reconsideration

Applicant v. Aviva Insurance Company (16-000272)

The insurer sought reconsideration of the Tribunal’s decision on MIG because the claimant had been removed from the MIG two years prior. The Executive Chair rescinded the adjudicator’s decision regarding MIG because it was not an issue before the Tribunal in dispute.

Applicant v. Old Republic Insurance Company (16-000179)

The insurer appealed a decision by an adjudicator that the claimant was entitled to IRBs up until a particular date in the future. The Executive Chair held that the adjudicator made an error of law by setting an end date for the reinstated IRBs. An insurer has an ongoing obligation to adjust a file, and by setting an end-date, the Order potentially fettered the insurer’s ability to adjust the claimant’s file.

Applicant v. Old Republic Insurance Company (16-000179)

The insurer appealed a decision by an adjudicator that the claimant was entitled to IRBs up until a particular date in the future. The Executive Chair held that the adjudicator made an error of law by setting an end date for the reinstated IRBs. An insurer has an ongoing obligation to adjust a file, and by setting an end-date, the Order potentially fettered the insurer’s ability to adjust the claimant’s file.

Applicant v. Aviva (16-000474)

This is a reconsideration of the LAT’s failure to consider a request for costs by the insurer following the claimant’s withdrawal of a LAT application. Executive Chair Lamoureux concluded that it was a violation of procedural fairness for the Tribunal to have failed to consider the insurer’s request for costs. The matter was sent back to an adjudicator for consideration. However, Executive Chair Lamoureux wrote that the withdrawal of a LAT application would rarely, if ever, be a sufficient basis on which to award costs.