Application for post-104 week income replacement benefits dismissed as applicant failed to prove complete inability.
The applicant sought an income replacement benefit (IRB) of $79.00 per week beyond the 104-week mark following a motor vehicle accident.
The respondent insurer denied the benefit, arguing the applicant did not suffer a complete inability to engage in suitable employment.
The Tribunal reviewed medical and vocational evidence, finding the respondent's insurer examinations persuasive, particularly as they directly addressed the post-104 week test.
The applicant's medical evidence, while supporting her complaints of pain and psychological issues, failed to address whether she suffered a complete inability to work.
The Tribunal dismissed the application for IRBs, interest, and costs, noting the applicant failed to meet her evidentiary burden.
OLATOntario Licence Appeal TribunalJan 12, 2023
