1The applicant was involved in an automobile accident on November 7, 2016, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016)¹. The applicant was denied certain benefits by the respondent and submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”).

ISSUES

2The issues before the Tribunal are:

I. Is the applicant entitled to receive a weekly income replacement benefit in the amount of $400.00 per week for the period from January 18, 2019 to-date and ongoing?

II. Is the applicant entitled to an award under Regulation 664 because the respondent unreasonably withheld or delayed payments to the applicant?

III. Is the applicant entitled to interest on any overdue payment of benefits?

LAW

3Section 5(1)(i) of the Schedule provides the eligibility criteria for qualifying for an income replacement benefit, stating that an insurer shall pay an income replacement benefit to an insured person who sustains an impairment due to an accident, so long as the insured person was employed at the time of the accident, and within 104 weeks after said accident, suffers a substantial inability to perform his/her/their essential employment tasks.

4Section 6(1) of the Schedule states that, subject to section 6(2) of the Schedule, an income replacement benefit is payable for the period in which the insured person suffers a substantial inability to perform the essential tasks of the insured person’s employment or self employment.

5Section 6(2)(b) of the Schedule states that an insurer is not required to pay an income replacement benefit after the first 104 weeks of disability, unless, as a result of the accident, the insured person is suffering a complete inability to engage in any employment or self-employment for which the insured is reasonably suited by education, training or experience.

6Section 51(2) of the Schedule states that interest is