Application for income replacement benefits dismissed as applicant failed to prove substantial inability to work.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The respondent insurer denied the benefits after an insurer's examination found no residual physical impairments.
The Tribunal found that the applicant failed to prove on a balance of probabilities that she suffered a substantial inability to perform the essential tasks of her employment as a cashier.
The Tribunal relied on the objective findings of the respondent's physiatrist and noted the applicant had returned to work and travelled extensively post-accident.
The application for IRBs, a special award, and interest was dismissed.
The respondent's request for costs was also dismissed.
OLATOntario Licence Appeal TribunalDec 23, 2022
