Applicant awarded pre- and post-104 week IRBs and treatment plans; first accident found to be a necessary cause of impairments despite subsequent accident.
The applicant was injured in a motor vehicle accident in February 2020 and subsequently involved in a second accident in December 2020.
He sought pre- and post-104 week income replacement benefits (IRBs) and approval for occupational therapy treatment plans.
The Tribunal found that the first accident was a necessary cause of the applicant's impairments, which were exacerbated by the second accident.
Relying on the evidence of the applicant's treating family doctor, chiropractor, and occupational therapist, the Tribunal concluded that the applicant suffered a substantial inability to perform his pre-accident tasks as a courier driver, and a complete inability to engage in any employment for which he was reasonably suited.
The Tribunal awarded the IRBs and approved the treatment plans as reasonable and necessary, but denied the applicant's request for a special award, finding the insurer's denials were based on medical opinions and not unreasonable.
OLATOntario Licence Appeal TribunalJan 12, 2026
