The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) from the respondent insurer.
The parties disputed the correct calculation of the IRB, specifically whether a $120,000 lump sum settlement the applicant received from her long-term disability (LTD) carrier should be deducted from her IRBs.
The Tribunal found that the LTD settlement encompassed all claims against the LTD carrier, including extracontractual damages, and could not be broken down to satisfy the requirements of the Schedule.
Therefore, the LTD settlement was not deductible from the IRBs.
The Tribunal ordered the respondent to pay IRBs at $400 per week plus interest, denied the respondent's claim for repayment, and declined to make an award for unreasonable withholding of benefits.
