Reconsideration allowed in part to correct disputed dates, but ongoing income replacement benefits denied.
The applicant requested a reconsideration of a Licence Appeal Tribunal decision that found his injuries fell within the Minor Injury Guideline (MIG) and denied his claim for ongoing Income Replacement Benefits (IRB).
The applicant argued the Tribunal breached procedural fairness, ignored new medical evidence, and erred in fact regarding the MIG and the IRB dispute period.
The adjudicator found no breach of procedural fairness and held that the new evidence could have been obtained prior to the hearing.
While the adjudicator agreed the Tribunal made a factual error regarding the dates in dispute for the IRB claim, upon reviewing the evidence for the corrected period (February 26, 2020 to April 23, 2023), the adjudicator concluded the applicant failed to prove a substantial inability to perform the essential tasks of his employment.
The reconsideration was allowed in part to correct the dates, but the claim for ongoing IRB was dismissed.
OLATOntario Licence Appeal TribunalMar 25, 2024
