The claimant applied to the LAT seeking further entitlement to IRBs and a determination of the appropriate quantum of IRBs. The accident occurred in 2017. The claimant’s 2017 OCF-2 and other information submitted to the insurer characterized him as being employed before the accident. However, the claimant’s tax returns for 2016 and 2017, which were filed in 2021, showed him to be self-employed in 2016 and not working in 2017. Credibility was a key issue noted by the LAT. Adjudicators Grant and Lobu found that the information provided by the claimant about his income and business arrangements was so inconsistent, unverified, and incomplete that the insurer could not be reasonably expected to rely upon such information. The claimant failed to satisfy his duty under s. 33(1)1 of the SABS to provide information reasonably required to assist the insurer in determining entitlement to IRBs. Adjudicators Grant and Lobu found that as there was no reasonable evidentiary basis upon which to assess the quantum of IRBs, the LAT could not find that there was an overdue payment. The application was dismissed.
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