Applicant awarded ongoing income replacement benefits after proving substantial inability to perform pre-accident sales job.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs).
The respondent insurer terminated IRBs after initially paying them, arguing the applicant could return to her pre-accident employment as a furniture salesperson.
The Tribunal found that the applicant's physical impairments, including exacerbated pre-existing degenerative conditions, and psychological impairments rendered her substantially unable to perform the essential tasks of her employment, which included prolonged standing, walking, and lifting furniture.
The Tribunal ordered the respondent to pay the weekly IRB of $336.45 from the date of termination, plus interest.
OLATOntario Licence Appeal TribunalJul 25, 2018
