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S.R. v. Traders General Insurance Company (17-004556)

  • July 24, 2020

The claimant was involved in a motor vehicle accident in 2014. She applied to the LAT seeking entitlement to pre- and post-104 IRBs. Adjudicator Reilly found that the claimant proved on a balance of probabilities that she sustained a substantial inability to perform her pre-accident employment as a result of the accident, and was entitled to pre-104 IRBs plus interest. The claimant did not meet the complete inability test for post-104 IRBs. Adjudicator Reilly considered evidence relating to the claimant’s various employment-related training and experience, as well as evidence indicating the claimant participated in volunteer activities and was a family caregiver in the post-104 period.

Full decision here

TGP Analysis

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  • FILED UNDER Income Replacement Benefits
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