Income replacement benefits reinstated up to 104 weeks; insurer examinations did not support termination.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the respondent terminated them based on insurer examinations.
The applicant sought reinstatement of the benefits and approval for a physiatry assessment.
The Tribunal found that the insurer's medical reports did not support termination and that the applicant continued to suffer a substantial inability to perform the essential tasks of his pre-accident employment as a realtor and motel manager.
The Tribunal awarded income replacement benefits up to the 104-week mark, approved the physiatry assessment, and awarded interest, but denied the applicant's request for costs and a special award.
OLATOntario Licence Appeal TribunalFeb 10, 2022