Applicant awarded ongoing income replacement benefits due to severe accident-related psychological impairment and complete inability to work.
The applicant was injured in a motor vehicle accident and received an Income Replacement Benefit (IRB) until the respondent insurer terminated it, claiming the applicant could return to work.
The applicant sought reinstatement of the IRB, arguing he was physically and psychologically incapable of working.
The Tribunal found that while the applicant's physical injuries had healed, the accident materially worsened his pre-existing depression and caused severe post-traumatic stress disorder.
Preferring the evidence of the applicant's treating psychologists over the insurer's assessor, the Tribunal concluded the applicant suffered a complete inability to engage in any suitable employment.
The Tribunal ordered the respondent to pay the outstanding IRB amounts with interest.
OLATOntario Licence Appeal TribunalNov 21, 2016
