Dr. James McKay

The applicant sought an income replacement benefit (IRB) of $79.00 per week beyond the 104-week mark following a motor vehicle accident.

The respondent insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in suitable employment.

The Tribunal reviewed medical and vocational evidence, finding the respondent's insurer examinations persuasive, particularly as they directly addressed the post-104 week test.

The applicant's medical evidence, while supporting her complaints of pain and psychological issues, failed to address whether she suffered a complete inability to work.

The Tribunal dismissed the application for IRBs, interest, and costs, noting the applicant failed to meet her evidentiary burden.

The employer raised a preliminary objection regarding the timeliness of a grievance alleging workplace harassment and a poisoned work environment.

The union argued the grievance was of a continuing nature, the triggering event was when the grievor went on sick leave, and alternatively, the time limits should be extended under s. 48(16) of the Labour Relations Act due to the grievor's medical incapacity.

The Grievance Settlement Board found the grievance was not continuing and the triggering event was the last alleged incident of harassment.

After hearing medical evidence, the Board concluded the grievor's anxiety and depression did not render him unable to file a timely grievance.

The employer's preliminary motion was upheld and the grievance was dismissed.