Applicant awarded post-104 IRBs due to accident-related psychological impairments preventing return to suitable employment.
The applicant was involved in a motor vehicle accident and sought post-104 income replacement benefits (IRBs) due to psychological impairments.
The respondent terminated IRBs based on insurer examinations suggesting the applicant could work in alternative roles or teach yoga.
The Tribunal found that the applicant suffered from severe depression and anxiety that prevented her from maintaining regular attendance or performing duties in a competitive, real-world setting comparable to her pre-accident career as a mental health consultant.
The Tribunal ordered the respondent to pay the post-104 IRBs with interest, but dismissed the applicant's claim for a special award under s. 10 of O. Reg. 664, finding insufficient evidence of unreasonable conduct by the insurer.
OLATOntario Licence Appeal TribunalApr 19, 2023
