Jeffrey J. Moorley

The applicant was involved in a motor vehicle accident and sought income replacement benefits (IRBs) beyond the 104-week mark.

The respondent insurer terminated the benefits, relying on surveillance evidence of the applicant playing video games for extended periods and an assessment suggesting he could work in sedentary roles.

The Tribunal found that the applicant suffered from a mild traumatic brain injury and lumbar radiculopathy, which completely impaired his ability to engage in suitable employment.

The Tribunal rejected the respondent's reliance on the video game surveillance, noting that gameplay does not equate to competitive employability in a real-world setting.

The applicant was awarded ongoing IRBs and interest, but his claim for a special award for unreasonable withholding of benefits was dismissed.

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

The respondent denied the claim on the basis that the applicant was not receiving Employment Insurance (EI) benefits at the time of the accident.

The applicant's EI benefit period ended on June 30, 2018, and the accident occurred on July 8, 2018, although the applicant received his final EI payment on July 11, 2018.

The Tribunal held that an applicant is only 'receiving benefits' under the Employment Insurance Act during an established benefit period.

Since the benefit period expired before the accident, the applicant was not receiving EI benefits at the time of the accident and was ineligible for an IRB.