The insurer appealed the Divisional Court’s decision that discoverability applied to the claimant’s IRB claim and that the limitation period did not bar the claim. The claimant was injured in an April 2016 accident. He applied for accident benefits in May 2016, but indicated that he had returned to work due to financial reasons. The insurer denied IRBs in May 2016 for that reason. The claimant continued to work for 16 months, but underwent hip surgery in August 2017 and suffered a stroke in April 2018. In December 2019, the claimant submitted a new Disability Certificate to the insurer. The insurer responded, reiterating that IRBs had been denied in 2016. The Court of Appeal upheld the decision, holding that discoverability applied to the IRB denial, and that the claimant had not applied for IRBs in 2016, meaning that the insurer could not have denied the claim. The limitation period for disputing IRBs therefore did not begin in 2016.
