Applicant awarded ongoing post-104 week IRBs due to complete inability to work from physical and psychological impairments.
The applicant, an Uber driver, was injured in a motor vehicle accident and claimed entitlement to post-104 week income replacement benefits (IRBs).
The insurer terminated IRBs on the basis that the applicant could return to suitable employment.
The Tribunal found that the applicant suffered a complete inability to engage in any employment for which he was reasonably suited by education, training, or experience, due to the synergistic impact of his physical injuries and psychological impairments, including chronic pain and depression.
The Tribunal ordered ongoing IRBs at $200 per week plus interest, but dismissed the applicant's claims for a special award and costs, finding the insurer's conduct was not unreasonable or in bad faith.
OLATOntario Licence Appeal TribunalOct 4, 2021
