Applicant awarded limited IRBs and accounting expenses; ongoing IRBs and medical benefits denied due to insufficient evidence.
The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits, including income replacement benefits (IRBs), medical benefits, and accounting expenses.
The Licence Appeal Tribunal found the applicant entitled to IRBs for a limited period (February 3, 2020, to March 11, 2020) based on the disability certificate, but denied ongoing IRBs as the applicant failed to prove a substantial inability to perform his pre-accident employment as a union labourer.
The Tribunal preferred the evidence of the insurer's multidisciplinary assessors over the applicant's late-retained expert.
Claims for various treatment and assessment plans were dismissed as not reasonable and necessary.
The applicant was awarded the cost of an accounting report despite calculation errors, along with interest on overdue benefits, but a claim for a special award was denied.
OLATOntario Licence Appeal TribunalOct 31, 2024
