Application for income replacement and attendant care benefits dismissed as applicant failed to prove substantial inability.
The applicant sought income replacement benefits (IRB) and attendant care benefits (ACB) following a motor vehicle accident.
The Tribunal found that while the accident exacerbated the applicant's pre-existing psychological impairments, she did not suffer a substantial inability to perform the essential tasks of her employment.
The Tribunal preferred the respondent's medical evidence, which showed no acute physical changes and stable psychological conditions post-accident.
The applicant also failed to meet the post-104 weeks complete inability test for IRB and did not establish that the claimed ACB was reasonable and necessary.
The application was dismissed.
OLATOntario Licence Appeal TribunalJun 9, 2021