The claimant brought a motion for interim benefits, including attendant care benefits at $6,000 per month. The claimant argued that it had been 2.5 years since he was denied the benefits in dispute. The insurer had inadvertently delayed providing catastrophic impairment IE reports for 7 months and post-104 IRB IE reports for 9 months. The dispute resolution process was ongoing for almost 2 years. The claimant’s condition had deteriorated with reported suicidal thoughts. He was arrested and charged with assault against his daughter. The claimant lived separately from the family. He was provided temporary funding by the insurer for a place to live and receive attendant care, which was about to expire. The insurer argued the Tribunal did not have the jurisdiction to award interim benefits given the powers conferred to it under the Insurance Act. Adjudicator Gosio agreed and dismissed the claimant’s motion. Adjudicator Gosio indicated in his reasoning that the jurisdiction of the Tribunal must be found within a statute or regulation. The LAT could only exercise power delegated to it as a statutory tribunal under it’s enabling legislation, and no power to grant interim benefits was given to the Tribunal. With respect to legislative intent, the legislature deliberately removed provisions relating to interim orders previously found in the Act. FSCO arbitrators had the power to grant interim benefits under s. 279 of the Insurance Act, which was repealed when the LAT was granted jurisdiction over accident benefit disputes. To date this power has not been conferred to the LAT. Adjudicator Gosio also reasoned that the SPPA should not be interpreted so broadly to give the Tribunal discretionary powers not explicitly conferred to it. The purpose of the SPPA was to provide a framework for hearings, and not to provide substantive powers to the Tribunal. The intent of s.16.1 of the SPPA, which allowed interim orders, was to allow discretionary power to make interim procedural orders rather than substantive ones.
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