Reconsideration denied; applicant failed to demonstrate errors of fact or law in denial of post-104 IRBs.
The applicant sought reconsideration of a decision denying him income replacement benefits beyond 104 weeks post-accident.
The applicant argued the adjudicator made errors of fact and law regarding his pre- and post-accident employment, medical restrictions, and the legal test for post-104 IRBs.
The tribunal found no errors of fact, noting the applicant returned to work at a reduced capacity and failed to provide medical evidence restricting him from working full-time.
The tribunal also found no error of law, as the adjudicator properly assessed the applicant's disability and employment competencies in a real-world setting.
The request for reconsideration was denied.
OLATOntario Licence Appeal TribunalFeb 13, 2023