Applicant entitled to post-104 week IRBs due to chronic pain and lack of transferable skills.
The applicant was injured in a T-bone collision and received income replacement benefits (IRBs) for two years.
The insurer terminated IRBs at the 104-week mark, arguing the applicant could return to suitable employment.
The Tribunal found that the applicant's accident-related soft tissue injuries aggravated pre-existing arthritis in his hand, resulting in chronic pain and functional limitations.
Given his physical restrictions, limited education, and lack of transferable skills, the Tribunal concluded he suffered a complete inability to engage in suitable employment and was entitled to ongoing IRBs.
Claims for further chiropractic and massage treatments were dismissed as not reasonable or necessary.
OLATOntario Licence Appeal TribunalJun 20, 2017
