Applicant awarded ongoing income replacement benefits; unsuccessful return to work attempts do not disentitle claimant.
The applicant was involved in a motor vehicle accident and sought income replacement benefits (IRBs) beyond the 104-week mark.
The respondent insurer denied the benefits, arguing the applicant was able to return to work, and sought repayment for IRBs paid during a brief period when the applicant attempted to work.
The Tribunal found that the applicant suffered a complete inability to engage in employment for which he was reasonably suited by education, training, or experience, given his history of heavy labour and ongoing physical and psychological impairments.
The Tribunal held that the applicant's unsuccessful attempts to return to work did not disentitle him to IRBs, but rather entitled the respondent to deduct 70% of his post-accident earnings.
The applicant was awarded ongoing IRBs with interest, and the respondent's claim for repayment was dismissed.
OLATOntario Licence Appeal TribunalApr 9, 2025
