Application for accident benefits dismissed; applicant failed to prove substantial inability to perform essential work tasks.
The applicant sought statutory accident benefits, including an income replacement benefit (IRB) and a medical benefit for physiotherapy, following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding that the applicant failed to prove she suffered a substantial inability to perform the essential tasks of her employment, as she continued to work part-time and insurer's examinations found no substantial impairment.
The Tribunal also denied the physiotherapy treatment plan, preferring the insurer's medical evidence which found no musculoskeletal injuries prior to an intervening second accident.
Claims for interest and a special award were consequently dismissed.
OLATOntario Licence Appeal TribunalApr 12, 2024
