The claimant applied to the LAT for entitlement to post-104 week IRBs. Prior to the accident, the claimant was employed as a manual labourer and had prior experience working as a retail salesclerk. The claimant argued that he was entitled to post-104 week IRBs based on his various accident-related physical and psychological impairments, including a compression fracture of the T11 vertebra. The insurer argued that other than alleging injuries sustained as a result of the accident, the claimant failed to describe the extent to which he suffers a complete inability to pursue any employment for which he is reasonably suited by education, training or experience. Adjudicator Roswell held that where a claimant’s submissions concerning alleged accident-related impairments fail to address the nexus to the alleged inability to partake in any employment they may reasonably be suited for, a claimant will not be entitled to IRBs. Given that the claimant’s submissions regarding his alleged impairments were made in a vacuum and were not found to interfere with his ability to work post-accident, Adjudicator Roswell dismissed the application.
