Applicant awarded pre-104 income replacement benefits but denied post-104 benefits as he could perform modified duties.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).
The Tribunal found that the applicant, a self-employed steel worker, met the pre-104 week IRB test because his accident-related impairments rendered him substantially unable to perform the heavy physical demands of his pre-accident employment.
However, the Tribunal dismissed the claim for post-104 week IRBs, finding the applicant failed to establish a complete inability to engage in any employment for which he was reasonably suited, as he continued to perform modified and sedentary duties for his business.
The applicant was awarded pre-104 IRBs and interest on overdue payments.
OLATOntario Licence Appeal TribunalAug 4, 2020
