Applicant awarded post-104 week income replacement benefits due to severe psychological impairments and chronic pain.
The applicant sought income replacement benefits (IRBs) beyond the 104-week post-accident mark, requiring him to prove a complete inability to engage in any reasonably suited employment.
The respondent insurer denied the benefits, relying on surveillance evidence and expert reports suggesting the applicant had some capacity for work.
The Tribunal found the applicant's testimony, corroborated by his spouse and medical evidence, established that his chronic pain and severe psychological impairments prevented him from sustaining employment.
The Tribunal placed significant weight on the applicant's experts and found the surveillance evidence did not contradict his reported limitations.
The applicant was awarded ongoing IRBs and interest on overdue payments.
OLATOntario Licence Appeal TribunalJul 8, 2025
