Post-104-week IRB claim dismissed as applicant failed to prove complete inability to engage in suitable employment.
The applicant was injured in a motor vehicle accident in 2016, sustaining a severe right elbow fracture.
He received income replacement benefits (IRBs) for the first 104 weeks, after which the respondent denied further IRBs.
The applicant applied to the Licence Appeal Tribunal, claiming a complete inability to engage in any suitable employment due to physical pain, fear of reinjury, and psychological impairments including depression and anxiety.
The adjudicator dismissed the application, finding that the applicant's physical injuries had healed and his psychological issues were primarily related to boredom and lack of motivation rather than a complete inability to work.
The adjudicator preferred the respondent's expert evidence, which demonstrated the applicant retained the functional capacity and vocational aptitude for alternative employment.
OLATOntario Licence Appeal TribunalMay 12, 2022
