Applicant awarded pre-104-week IRBs due to physical and psychological impairments, but denied post-104-week IRBs and physiotherapy.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) and a medical benefit for physiotherapy.
The Licence Appeal Tribunal found that the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment as a janitorial cleaner due to physical and psychological impairments, entitling him to pre-104-week IRBs.
However, the applicant failed to establish a complete inability to engage in any suitable employment, and was therefore denied post-104-week IRBs.
The Tribunal also denied the proposed physiotherapy treatment plan, noting the applicant had an unexhausted, previously approved treatment plan and had provided inconsistent evidence regarding the benefits of physiotherapy.
OLATOntario Licence Appeal TribunalMar 18, 2021
