R.S. v. Wawanesa Mutual Insurance Company (17-000513)

In this preliminary decision relating to IRBs, the insurer argued that the claimant had failed to provide documents requested under section 33 of the SABS, and that the claimant failed to seek medical treatment as required under section 57 of the SABS. Adjudicator Norris held that the claimant had failed to provide relevant documents over the period of approximately 5 months, and that the insurer was not required to pay IRBs for that period. In terms of the requirement to treat, Adjudicator Baker held that the claimant’s medical records show that he was attending medical treatment and therefore section 57 did not justify discontinuing IRBs.