Applicant awarded income replacement benefits after proving physical inability to perform essential tasks as a school bus driver.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRB).
The insurer terminated the benefits, arguing the applicant did not meet the test for entitlement.
The Tribunal found that the applicant was employed as a school bus driver at the time of the accident and that the accident caused her right shoulder and back pain.
Preferring the evidence of the applicant's physiatrist over the insurer's, the Tribunal concluded that the applicant's physical limitations rendered her substantially unable to perform the essential tasks of her employment, specifically driving a school bus for extended periods.
The applicant was awarded a weekly IRB of $292.46.
OLATOntario Licence Appeal TribunalOct 17, 2016
