Applicant v. Aviva Insurance Canada (17-002465)

The insurer argued that the claimant was barred from seeking NEBs due to her failure to submit a Disability Certificate. Adjudicator Sewrattan rejected the insurer’s position and held that the claimant likely had submitted a Disability Certificate. He relied upon a billed invoice from the clinic showing that a Disability Certificate had been completed. He also relied upon the “lack of organization” with regard to the insurer’s physical file. The adjudicator reasoned that it was likely that the claimant had submitted a Disability Certificate, and that the insurer had misplaced it.