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Ongoing IRB denied for lack of disability, but 50% special award granted for insurer's unreasonable delay.
The applicant sought an ongoing income replacement benefit (IRB) and a special award for a previously delayed IRB payment following a motor vehicle accident.
The Tribunal dismissed the claim for ongoing IRBs, finding the applicant failed to prove a substantial inability to perform the essential tasks of his employment.
However, the Tribunal granted a special award of 50% of the delayed IRB amount, finding the insurer unreasonably withheld payment by incorrectly deducting the applicant's employment insurance benefits contrary to the Statutory Accident Benefits Schedule.
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