Applicant entitled to pre-104 week income replacement benefits but denied post-104 week benefits and treatment plans.
The applicant sought statutory accident benefits following a motor vehicle accident, including an income replacement benefit (IRB), physiotherapy, catastrophic impairment assessments, and a special award.
The Tribunal found the applicant was substantially unable to perform his pre-accident employment due to chronic pain, entitling him to an IRB up to the 104-week mark.
However, the applicant failed to prove a complete inability to engage in any suitable employment, denying him post-104 week IRBs.
The disputed treatment plans for physiotherapy and catastrophic impairment assessments were deemed not reasonable and necessary.
The claim for a special award was dismissed as the insurer reasonably relied on its medical assessments.
OLATOntario Licence Appeal TribunalMay 27, 2020