Ongoing IRB denied for lack of disability, but 50% special award granted for insurer's unreasonable delay.
The applicant sought an ongoing income replacement benefit (IRB) and a special award for a previously delayed IRB payment following a motor vehicle accident.
The Tribunal dismissed the claim for ongoing IRBs, finding the applicant failed to prove a substantial inability to perform the essential tasks of his employment.
However, the Tribunal granted a special award of 50% of the delayed IRB amount, finding the insurer unreasonably withheld payment by incorrectly deducting the applicant's employment insurance benefits contrary to the Statutory Accident Benefits Schedule.
OLATOntario Licence Appeal TribunalJul 18, 2018
