The claimant disputed the insurer’s termination of income replacement benefits eight months after the accident. Adjudicator Paluch held the claimant was entitled to receive IRBs from the date of termination to the date of the decision and ongoing. The claimant’s medical evidence with respect to her chronic pain satisfied the arbitrator on a balance of probabilities that she was substantially unable to perform the essential tasks of her employment as a general labourer. There were a number of procedural issues addressed. Adjudicator Paluch denied the insurer’s motion to admit surveillance evidence and add an investigator as a witness on the basis that the evidence and witness requests were not delivered in accordance with an earlier Tribunal Order. The claimant’s request to exclude three expert reports for lack of opportunity to cross examine them was declined on the basis that an earlier Tribunal Order specifically allowed for all expert evidence to be provided by reports. An insurer’s addendum report was not permitted to be admitted into evidence because it was served after the deadline provided for in an earlier Tribunal Order.
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