Applicant awarded post-104 week income replacement benefits due to complete inability to work from chronic pain.
The applicant was injured in a motor vehicle accident and sought post-104 week income replacement benefits (IRBs).
The respondent denied the benefits, arguing the applicant did not suffer a complete inability to engage in suitable employment.
The Tribunal found the applicant credible and preferred the evidence of her medical experts, concluding that her chronic pain and psychological impairments prevented her from returning to work.
The Tribunal ordered the respondent to pay IRBs of $400 per week from October 4, 2016, ongoing, plus interest.
OLATOntario Licence Appeal TribunalFeb 15, 2019