IRBs awarded for the first 104 weeks post-accident but denied thereafter as applicant could engage in suitable employment.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The Tribunal found the applicant was substantially unable to perform the essential tasks of her pre-accident employment as a nanny and hotel housekeeper within the first 104 weeks post-accident due to physical injuries, awarding IRBs for that period.
However, the Tribunal denied IRBs beyond the 104-week mark, finding the applicant failed to prove she was completely unable to engage in any reasonably suitable employment, noting she had returned to work in a lighter capacity and giving little weight to her expert reports due to the lack of an interpreter during assessments.
OLATOntario Licence Appeal TribunalMay 19, 2020
