T.C. v. TD General Insurance Canada (19-000267)

The claimant sought entitlement to income replacement benefits. The insurer argued that the claimant had not produced any pre-accident or post-accident medical records, and thus, had not produced sufficient medical evidence to meet the IRB test. The insurer also relied on its section 44 IE reports, which opined that the claimant could return to work. Vice-Chair Lester agreed with the insurer, and found that absent medical documentation to support the claimant’s testimony that he suffered a substantial inability to perform the essential tasks of his employment, she did not have enough evidence to find on a balance of probabilities that he met entitlement to the benefit.