Applicant awarded $9,783.83 in IRBs due to insurer's deficient notices, but failed disability test.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming entitlement to income replacement benefits (IRBs) and a neurological assessment.
The Tribunal found that the applicant failed to prove she met the disability test for IRBs, as the medical evidence did not establish a substantial inability to perform the essential tasks of her self-employment.
However, because the respondent insurer issued deficient notices suspending and terminating the IRBs, the Tribunal ordered the respondent to pay IRBs totaling $9,783.83 for the period before a compliant notice was issued.
The claim for a neurological assessment was dismissed as not reasonable and necessary.
The Tribunal denied a special award but granted $500 in costs to the applicant due to the respondent's late service of an accounting report.
OLATOntario Licence Appeal TribunalDec 6, 2024