Reconsideration of IRB denial dismissed; applicant failed to prove complete inability to engage in suitable employment.
The applicant requested a reconsideration of a Tribunal decision denying her entitlement to a post-104 income replacement benefit (IRB).
The applicant argued the adjudicator erred in law and breached procedural fairness by failing to determine substantive entitlement to the IRB, even if the quantum was zero.
The adjudicator agreed it was an error not to address the substantive threshold but found this was not a material breach or an error that would have changed the outcome.
The adjudicator reviewed the medical and vocational evidence, preferring the respondent's multidisciplinary assessments which concluded the applicant did not suffer a complete inability to engage in suitable employment.
The request for reconsideration was dismissed, and the respondent's request for costs was denied.
OLATOntario Licence Appeal TribunalMar 19, 2025
