Applicant v. Aviva General Insurance (17-004389)

The claimant sought entitlement to IRBs for the pre- and post-104 week period. Adjudicator Ferguson held that the claimant did not suffer a physical inability to engage in his job as a realtor, but did suffer a psychological impairment preventing him from returning to work. Adjudicator Ferguson accepted that there were other stressors in the claimant’s life, but that the accident did cause psychological impairment as well. IRBs were awarded beyond the 104 week mark despite no specific opinion evidence to support the “complete inability,” based on the claimant being 65 years old and it being unlikely that he would be able to find alternative employment at his age.