Applicant awarded income replacement benefits after proving substantial inability to perform pre-accident employment tasks.
The applicant was injured in a motor vehicle accident and sought income replacement benefits (IRBs) from the respondent insurer.
The insurer denied the claim, arguing the applicant did not suffer a substantial inability to perform the essential tasks of her pre-accident employment as a waitress and usher.
The Tribunal found the applicant's medical evidence, including reports from an orthopaedic surgeon and a chiropractor, persuasive in establishing her functional limitations due to a fractured wrist, shoulder strain, and back pain.
The Tribunal placed little weight on the insurer's assessments, noting they were incomplete and failed to account for pain during testing.
The applicant was awarded IRBs of $315.27 per week for the disputed period, plus interest.
OLATOntario Licence Appeal TribunalSep 23, 2020
