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H.M.L. v. Northbridge Personal Insurance Company (19-000375)

  • October 28, 2020

The claimant requested reconsideration of the Tribunal’s decision that she did not meet the post-104 week IRB test. The claimant argued that she received catastrophic impairment assessments that were not available at the time of the decision and which would change the Tribunal’s decision. Vice Chair Mather dismissed the reconsideration request. The claimant had received her section 25 catastrophic impairment assessments after the due date for written submissions, but before the Tribunal rendered a decision. Because the assessments were in the claimant’s possession before the Tribunal’s decision, she ought to have brought a motion to have the Tribunal consider the assessments. Vice Mather also held that the assessments were unlikely to have changed the Tribunal’s decision. The information and opinions in the assessments were contradicted by the surveillance of the claimant. The assessments also did not provide an opinion on the claimant’s ability to work in a suitable employment or self-employment, as they were only directed towards the catastrophic impairment test.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits, LAT Rules, Reconsideration
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