Applicant awarded ongoing income replacement benefits after proving complete inability to work due to accident-related impairments.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) after the insurer terminated them.
The Tribunal found that the applicant, a self-employed painter and contractor, suffered a substantial inability to perform the essential tasks of his pre-accident employment within 104 weeks of the accident, primarily due to a specific phobia of driving.
For the post-104-week period, the Tribunal found the applicant was completely unable to engage in any employment for which he was reasonably suited by education, training, or experience, due to a combination of physical and psychological impairments caused by the accident.
The applicant was awarded ongoing IRBs and interest, but his claim for a special award under Regulation 664 was dismissed.
OLATOntario Licence Appeal TribunalJan 7, 2022
