Applicant awarded ongoing income replacement benefits; Tribunal found chronic pain and weight gain resulted from accident.
The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) until the insurer terminated them, arguing his ongoing back pain was caused by post-accident weight gain rather than the accident.
The Tribunal found that the applicant's rapid weight gain and chronic pain were a result of the accident.
Relying on the applicant's medical experts, the Tribunal concluded the applicant met both the pre-104 week test of substantial inability to perform his pre-accident employment and the post-104 week test of complete inability to engage in suitable employment.
The applicant was awarded ongoing IRBs with interest, and the insurer's claim for repayment of benefits was dismissed.
OLATOntario Licence Appeal TribunalAug 15, 2019
