Applicant awarded income replacement benefits as accident impairments prevented him from working pre-accident hours.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) beyond the date the insurer terminated them.
The adjudicator found that the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment as a gas station owner/operator, as his accident-related impairments prevented him from working the required hours.
The applicant was awarded IRBs for the disputed period, subject to a deduction of 70% of his post-accident employment income.
The insurer was entitled to a repayment of overpaid IRBs based on this deduction, and the applicant was awarded interest on overdue payments.
OLATOntario Licence Appeal TribunalMay 9, 2018
