Ongoing IRBs and medical benefits denied due to pre-existing conditions, but 20% award granted for delayed payments.
The applicant sought statutory accident benefits following a motor vehicle accident, including ongoing income replacement benefits (IRBs) and various medical treatment plans.
The Licence Appeal Tribunal found that the applicant's pre-existing knee impairments were not worsened by the accident and that he did not meet the test for a substantial or complete inability to work.
Consequently, the claims for ongoing IRBs and physical treatment plans were dismissed.
However, the Tribunal found that the insurer had unreasonably delayed payment of the initial IRBs and failed to pay interest.
The Tribunal ordered the insurer to pay interest on the delayed payments along with a 20% special award under O. Reg. 664.
Both parties' requests for costs were denied.
OLATOntario Licence Appeal TribunalNov 4, 2019
