The respondent insurer requested a reconsideration of a Licence Appeal Tribunal decision awarding the applicant income replacement benefits (IRBs).
The insurer argued the Tribunal made a significant error of fact regarding the start date of the applicant's post-accident employment, which precluded the insurer from deducting 70% of gross employment income under s. 7(3)(a) of the Statutory Accident Benefits Schedule.
The applicant argued the request should be summarily dismissed for failing to comply with Rule 18.1(b) notification requirements.
The Executive Chair declined to dismiss the request on procedural grounds, finding no prejudice to the applicant.
On the merits, the Executive Chair found the Tribunal made a significant error of fact by concluding the applicant started work in July 2015, despite irreconcilable medical evidence indicating she was working by June 2015.
The reconsideration was granted and a written rehearing was ordered to determine the employment start date and any resulting IRB deductions.
