P.V. v. Economical Insurance (19-000069)

The claimant sought reconsideration of the Tribunal’s decision that the limitation period applied to his IRB claim. The claimant had continued to work for over three years after the accident, and the insurer had denied entitlement to IRBs during that period because he did not meet the “substantial inability” test. Adjudicator Boyce granted the reconsideration based on the Court of Appeal’s decision in Tomec v. Economical. He held that the claimant could not discover his potential entitlement to IRBs until he stopped working almost four years after the accident. Because he could not discover his impairment until then, the denial of IRBs prior to the work stoppage was deemed invalid and did not start the clock of the limitation period.