A preliminary issue hearing was held to determine whether the claimant’s application for IRBs was statute-barred per the limitation period. The claimant was involved in a motor vehicle accident on October 21, 2016 and was able to return to work within a week. Almost a year later, the claimant stopped working and began receiving short-term disability benefits from his employer. Two years later, the claimant submitted another OCF-3 indicating that he now suffered a substantial inability to carry out the essential tasks of his pre-accident employment. The insurer argued that the claimant failed to properly apply for IRBs as he did not submit an OCF-3 establishing a substantial inability within 104 weeks of the accident as required by the SABS. Vice-Chair McGee disagreed with the insurer, noting that the claimant had submitted an OCF-3 within the prescribed time. The requirement is for a completed OCF-3 to be filed. It is not necessary for the form to positively indicate that the claimant has a substantial inability, submission of the form itself will allow the window to be left open to a future income replacement benefit claim.
