Applicant denied income replacement benefits but awarded physiotherapy treatment plan for accident-related impairments.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs), a physiotherapy treatment plan, and an in-home assessment.
The Licence Appeal Tribunal found that the applicant failed to prove a substantial inability to perform the essential tasks of her pre-accident employment as a waitress, preferring the respondent's insurer's examination reports over the applicant's medical evidence.
Consequently, the claim for IRBs was denied.
The Tribunal also denied the in-home assessment, noting the applicant reported independence with activities of daily living.
However, the Tribunal approved the physiotherapy treatment plan as reasonable and necessary to address ongoing neck and back pain, and awarded interest on that plan.
OLATOntario Licence Appeal TribunalNov 17, 2022
