Applicant awarded IRBs due to chronic pain preventing heavy labour, but medical benefits denied for failing to submit treatment plans.
The applicant sought income replacement benefits (IRBs) and medical benefits following a motor vehicle accident.
The adjudicator found the applicant's testimony credible regarding the heavy physical demands of his pre-accident employment as a drywaller and steel framer.
Relying on the applicant's evidence and his treating chronic pain specialist, the adjudicator concluded the applicant suffered a substantial inability to perform the essential tasks of his employment due to pain, and awarded IRBs.
However, the claims for medical benefits and the cost of an examination were dismissed because the applicant failed to submit the disputed treatment plans into evidence.
The claim for a special award was also dismissed as the insurer reasonably relied on its own medical experts.
OLATOntario Licence Appeal TribunalAug 1, 2018
