Claim for income replacement benefits and insurer's claim for repayment of overpayment both dismissed.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming a substantial inability to perform the essential tasks of her employment as a personal support worker.
The respondent denied the IRBs and sought repayment for an alleged overpayment.
The Tribunal found that the applicant failed to prove a substantial inability to work, as the medical evidence indicated she was engaging in modified work duties and failed to delineate her essential tasks.
The Tribunal also dismissed the respondent's claim for repayment, finding insufficient evidence to prove the overpayment was actually advanced and received.
Both the applicant's claim and the respondent's claim for repayment were dismissed.
OLATOntario Licence Appeal TribunalMay 28, 2018
