Sherri Corriero

The applicant was injured in a motor vehicle accident and sought post-104 weeks income replacement benefits (IRBs), arguing she suffered a complete inability to engage in suitable employment.

The Tribunal preferred the respondent's expert evidence, finding the applicant retained the functional capacity for sedentary work and did not meet the complete inability test.

The Tribunal also held that the respondent correctly deducted the applicant's maternity leave Employment Insurance benefits from her pre-104 weeks IRBs, as they constitute gross employment income under the Schedule.

Finally, the Tribunal dismissed the claim for a special award, finding the respondent's handling of the claim and temporary stoppages of benefits pending further medical information were not unreasonable.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the respondent terminated them based on insurer examinations.

The applicant sought reinstatement of the benefits and approval for a physiatry assessment.

The Tribunal found that the insurer's medical reports did not support termination and that the applicant continued to suffer a substantial inability to perform the essential tasks of his pre-accident employment as a realtor and motel manager.

The Tribunal awarded income replacement benefits up to the 104-week mark, approved the physiatry assessment, and awarded interest, but denied the applicant's request for costs and a special award.