Share on LinkedInShare on LinkedIn

ARTICLE · 21 NOVEMBER 2016

Disability Certificate Not Enough To Determine Eligibility For IRB

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

In an October 3, 2016 preliminary issue hearing Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement Benefits and Non Earner Benefits.

CanadaInsurance

In an October 3, 2016 preliminary issue hearing (16-000063 v. Dominion of Canada General Insurance Company, 2016 CanLII 67139), Adjudicator Marzinotto of the License Appeal Tribunal allowed an applicant to proceed to a hearing disputing both entitlement to Income Replacement Benefits and Non Earner Benefits. The decision turned on Dominion's apparent failure to provide the applicant with the required election.

Briefly the facts of the case are as follows:

The applicant was involved in an MVA on November 10, 2013;
She submitted an incomplete OCF-1 to Dominion on January 10, 2014 and a complete OCF-1 on March 28, 2014. On both OCF-1s the applicant indicated that she was unemployed;

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from