Application for catastrophic impairment and income replacement benefits dismissed; applicant failed to meet WPI threshold and complete inability test.
The applicant sought a determination that he sustained a catastrophic impairment as a result of a motorcycle accident, along with entitlement to income replacement benefits, medical benefits, an award, and interest.
The Licence Appeal Tribunal found that the applicant did not meet the 55% whole person impairment threshold under either Criterion 6 or 7 of the Statutory Accident Benefits Schedule, preferring the respondent's medical experts and video surveillance evidence over the applicant's experts.
The Tribunal also dismissed the claim for post-104 week income replacement benefits, finding the applicant did not suffer a complete inability to engage in employment, as he had returned to modified work and performed some DJ work.
The claims for unpaid assessments, assistive devices, an award, and interest were also dismissed.
OLATOntario Licence Appeal TribunalMay 26, 2022
