The claimant sought entitlement to IRBs and interest on the overdue payment of benefits. Adjudicator Ferguson held that the claimant was not entitled to IRBs or interest as she did not prove that she suffered a substantial inability to perform the essential tasks of her pre-accident employment. The claimant failed to disclose the availability of modified work offered by her employer to IE assessors. Adjudicator Ferguson held that the onus was on the claimant to explain this omission and her apparent refusal to consider modified work with her employer. The claimant also failed to disclose a prior workplace injury to assessors. Adjudicator Ferguson held that this raised doubts about the causation of her impairments and the claimant’s argument that the accident exacerbated these injuries was unsupported by medical evidence. Adjudicator Ferguson also preferred the insurer’s psychological report because it included validity testing.
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