Brenden Carruthers

The applicant was injured in a motor vehicle accident and sought non-earner benefits (NEBs) from the respondent insurer.

The respondent denied the claim, arguing the applicant was statute-barred for failing to submit a 'completed' OCF-3 Disability Certificate, as the submitted form indicated she did not suffer a complete inability to carry on a normal life.

The Tribunal found the OCF-3 was complete and the applicant was not statute-barred.

However, on the substantive issue, the Tribunal compared the applicant's pre- and post-accident activities and found she failed to prove a complete inability to carry on a normal life, noting significant pre-existing physical and psychological limitations.

The claims for NEBs, an award, interest, and costs were dismissed.

The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB).

The insurer deducted the applicant's Employment Insurance (EI) sickness benefits from the IRB, arguing they constituted 'gross employment income' under the Statutory Accident Benefits Schedule.

The Tribunal found that the Schedule contains conflicting provisions regarding EI benefits but concluded that EI sickness benefits, unlike other EI benefits, are received in respect of an impairment and are specifically excluded from deduction under section 47(3).

The Tribunal ordered the insurer to pay the improperly deducted amount of $5,901.00 plus interest.