-If the claimant’s EI sickness benefits are defined as “other income replacement assistance” under s. 4(1) then any deduction would be precluded by s. 4(1)(a)(i), which specifically excludes all EI benefits.

-If the applicant’s EI sickness benefits are defined as deductible under s. 47(1) as “collateral” or “temporary disability benefits” then that deduction is also precluded by s. 47(3)(f)(i), which again excludes all EI benefits.

-In this regard, our office has won in our dispute that “that EI sickness benefits, unlike EI maternity and unemployment benefits, are generally earned after the accident. If they are earned prior to the accident, they would have been earned as a result of an unrelated impairment.”

-For these reasons, our office has successfully persuaded the insurer that her EI sickness benefits, received in respect of her impairment, are not deductible when calculating the quantum of IRB payable.

-Accordingly, the whole IRB lump sum, plus interest under s. 51 have been recovered, as her EI sickness benefit was improperly deducted from her IRB by the insurer.