Sookbir v. Wawanesa Insurance (20-008613)

The insurer and the claimant disputed at a preliminary issue hearing whether the claimant’s IRB claim ought to be barred for a failure to submit a completed OCF-3 to the insurer. The claimant submitted an OCF-3 form which indicated that she was not working in the 26 weeks before the accident and that she did not suffer a substantial inability to complete her pre-accident work duties. Adjudicator Kepman acknowledged that the claimant’s OCF-3 was confusing and contradictory. However, she found that the insurer had had a duty to seek clarification regarding the inconsistencies in the claimant’s OCF-3 but had failed to do so. Adjudicator Kepman held that the claimant’s OCF-3 was complete and that the claimant could proceed with her claim for IRBs before the LAT.