Applicant entitled to IRBs for first 104 weeks and medical benefits for chronic pain and physiotherapy.
The applicant sought statutory accident benefits following a motor vehicle accident, including ongoing income replacement benefits (IRBs) and medical benefits for a chronic pain assessment and physiotherapy.
The Licence Appeal Tribunal found that the applicant was substantially unable to perform the essential tasks of her pre-accident 'heavy' employment for the first 104 weeks due to chronic pain and psychological issues, entitling her to IRBs for that period.
However, she failed to prove a complete inability to engage in any suitable employment after 104 weeks.
The Tribunal also found the proposed chronic pain assessment and physiotherapy treatment plans to be reasonable and necessary, ordering them payable if incurred, along with interest on overdue benefits.
OLATOntario Licence Appeal TribunalMar 26, 2020
