Joshua Gatreau

The applicant sought reconsideration of a decision that terminated her income replacement benefit (IRB) at the 104-week mark.

The applicant argued the adjudicator erred in law by failing to apply section 8(2) of the Statutory Accident Benefits Schedule, which provides that an IRB adjusted for a person turning 65 is payable until death without deductions for post-accident income.

The adjudicator agreed, finding that section 8(2) automatically applies and exempts the applicant from the complete inability test under section 6.

The reconsideration was granted, and the applicant was awarded an ongoing IRB of $4.75 per week.

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to provide reliable and consistent evidence regarding both the injuries sustained in the accident and the essential tasks of his pre-accident employment.

Due to this evidentiary deficit, the applicant could not establish a substantial inability to perform his essential employment tasks for the pre-104 week period, nor a complete inability to engage in any employment for the post-104 week period.

The claim for IRBs and interest was dismissed.