Post-104 IRBs denied as applicant retained capacity for suitable employment; driving assessment approved.
The applicant sought statutory accident benefits following a 2018 motor vehicle accident.
The Licence Appeal Tribunal denied the applicant's claim for post-104 income replacement benefits, finding she did not suffer a complete inability to engage in suitable employment, noting her post-accident work in creative fields and non-accident-related psychiatric conditions.
The Tribunal also denied claims for a catastrophic impairment assessment balance, physiotherapy, costs, and an award.
However, the Tribunal granted entitlement to a passenger/driver assessment, finding the applicant's driving anxiety was well-documented and a valid driver's license was not a prerequisite for the assessment.
OLATOntario Licence Appeal TribunalFeb 13, 2025
