Income replacement benefit denied; applicant's completion of physical nursing placement contradicted claims of substantial inability.
The applicant sought an income replacement benefit (IRB) following a motor vehicle accident, claiming he was substantially unable to perform his pre-accident employment as a Quality Inspector due to chronic pain.
The respondent terminated the IRB based on an insurer's examination.
The Tribunal dismissed the application, preferring the respondent's orthopaedic expert who found normal range of motion.
The Tribunal also noted the applicant successfully completed a physically demanding nursing clinical placement during the disputed period without requesting accommodation, undermining his credibility regarding the severity of his impairment.
OLATOntario Licence Appeal TribunalNov 5, 2019