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M.M.R. v. Travelers Insurance Company of Canada (18-009122)

  • June 22, 2020

The claimant sought entitlement to ongoing IRBs. The insurer approved IRBs prior to the hearing. The claimant argued that she was entitled to a special award. Adjudicator Chakravarti held that a special award was not payable. The insurer had notified the claimant that an OCF-2 was required in order to determine the quantum of IRBs payable and requested information related to pre-accident income. The claimant delayed providing the requested information for a number of months. The adjudicator noted that it would be an absurd result to argue that the insurer was withholding IRBs while the claimant was withholding necessary information. It was also reasonable for the insurer to request that an accountant review the claimant’s income documentation when it became apparent that the claimant was self-employed. Finally, the insurer corrected a miscalculation in the weekly IRB once it became aware of the error.

Full decision here

TGP Analysis

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  • FILED UNDER Special Award
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