Dr. Hany Youssef

The applicant sought reconsideration of a Licence Appeal Tribunal decision denying her claim for an income replacement benefit following a motor vehicle accident.

The applicant argued that the Tribunal misapplied the test for eligibility, failed to state the standard of proof, and improperly considered certain evidence.

The Executive Chair dismissed the request for reconsideration, finding that the Tribunal correctly concluded the applicant was not working due to a temporary layoff rather than a substantial inability to perform her pre-accident employment.

The Chair also found no error in the Tribunal's application of the standard of proof or its treatment of the evidence.

The applicant sought income replacement benefits following a motor vehicle accident.

The respondent denied the benefits based on independent medical examinations.

The Tribunal found that the applicant failed to prove she suffered a substantial inability to perform the essential tasks of her pre-accident employment.

The evidence indicated that the applicant's periods of unemployment were due to temporary layoffs rather than accident-related impairments, and she had actively sought and obtained other employment.

The application was dismissed.