M.C. v. Wawanesa Mutual Insurance Company (18-002854)

The insurer sought reconsideration of the Tribunal’s decision to award IRBs. Adjudicators Parish and Maleki-Yazdi rejected the reconsideration. They held that the award of IRBs “to date and ongoing” was not outside of the jurisdiction of the LAT, and that the claimant was entitled to IRBs as long as she met the appropriate disability test. Second, they rejected the argument that classifying the claimant’s job duties as “light” was an error of mixed fact and law. The Tribunal had provided sufficient reasons for its classification of the claimant’s pre-accident job, and that reconsideration was not an opportunity to re-litigate the matter.