Application for post-104 week income replacement benefits dismissed as applicant failed to prove complete inability to work.
The applicant sought ongoing income replacement benefits (IRBs) beyond the 104-week mark following a motor vehicle accident.
The Licence Appeal Tribunal found that while the accident caused the applicant's impairments, she failed to prove a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience.
The Tribunal preferred the respondent's independent medical examinations and functional evaluations over the applicant's subjective complaints and expert evidence, noting credibility issues and the employer's willingness to accommodate her.
The application for IRBs, interest, and a special award was dismissed, and no costs were awarded.
OLATOntario Licence Appeal TribunalDec 9, 2019
