L.K. v. The Guarantee Company of North America (16-003577)

The claimant’s entitlement to income replacement benefits had been suspended for about six months due to her failure to provide a copy of her CPP file, which had been requested by the insurer under section 33 of the SABS. Upon receipt of the CPP, the insurer reinstated income replacement benefits, but refused to pay for the period the claimant was in section 33 non-compliance. The claimant applied to the LAT for payment of income replacement benefits over that period. Adjudicator Gemma Harmison ruled the request for the CPP file was a reasonable request under section 33 and that the claimant did not provide a reasonable explanation for her delay to provide the CPP file.