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Applicant v. Aviva Insurance (17-006632)

  • October 9, 2018

The claimant sought entitlement to IRBs from October 24, 2015 to April 1, 2017. Adjudicator Norris held that the claimant was not entitled to any IRBs beyond October 23, 2015 as the medical records did not contain any information confirming his disability as a result of the accident and the claimant’s psychological assessment did little to address the claimant’s ability to work. The OCF-3 indicated that he did not meet the IRBs test, but noted that the claimant had been laid off. One day after the OCF-3 was completed, a second OCF-3 was completed by a different health professional which indicated that the claimant met the IRBs test and diagnosed the claimant with soft-tissue injuries, anxiety, a concussion, and post-concussion syndrome. The claimant attended post-secondary education and obtained an Honours Diploma as a Community Services Worker post-accident. The claimant received IRBs until October 23, 2015 when the benefit was stopped based a multi-disciplinary IE report, which found that he did not meet the IRBs test.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits
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