Applicant awarded post-104-week IRBs as proposed alternative jobs required substantial retraining and exceeded physical limitations.
The applicant sought post-104-week income replacement benefits following a motor vehicle accident that resulted in a severe right ankle fracture.
The respondent terminated benefits, arguing the applicant could work in alternative sedentary roles such as a cashier or telemarketer.
The Tribunal applied the complete inability test and found the proposed alternative occupations were not reasonably suitable due to the applicant's physical limitations, lack of computer skills, and the substantial retraining that would be required.
The Tribunal ordered the respondent to pay the income replacement benefits with interest, but declined to order an award as the applicant provided no submissions on that issue.
OLATOntario Licence Appeal TribunalMar 25, 2026
