Thompson v Aviva Insurance Company, 2022 CanLII 109489
(ON LAT)
In its recent November 18, 2022 decision, Adjudicator Brian
Norris of the License Appeal Tribunal (LAT) considered an income
replacement benefit (IRB) claim by an Applicant for psychological
injuries sustained from providing care for her spouse who was
designated as catastrophically impaired (CAT) under the Statutory Accident Benefits
Schedule (SABS). The main issue in this case was
whether the Applicant's claim was statute barred because she
did not submit her claim within the time prescribed under the
SABS.
Background
The Applicant, Patricia Thompson, provided care for her husband
who was deemed CAT after being in a motor vehicle collision on
October 9, 2015. Since the Applicant sustained psychological
injuries related to providing care for a catastrophically impaired
insured, she met the definition of an insured person under section
3(1) of the SABS. The Applicant was on parental leave at
the
