The claimant was injured in a motor vehicle accident and applied to the LAT for IRBs. Section 36(2) of the Schedule mandates that an applicant seeking IRBs shall submit a completed OCF-3 with their application for benefits, and that there can be no entitlement to IRBs for any period before the OCF-3 is submitted. A plain reading of the section led Vice-Chair Todd to conclude that the claimant was not entitled to IRBs prior to his submission of the OCF-3. Vice-Chair Todd further highlighted that the claimant failed to comply with the time provisions outlined in s. 5(1) and s. 32(1) of the Schedule and that this was fatal to his claim as it prevented the insurer from assessing entitlement for the benefit contemporaneously with the period claimed.
