Income replacement benefits awarded; disc herniation sustained during rehabilitation exercises causally connected to motor vehicle accident.
The applicant was injured in a motor vehicle accident and subsequently sustained a disc herniation while performing deadlifts with a personal trainer to strengthen his back.
The respondent denied income replacement benefits, arguing the disc herniation was a separate injury not caused by the accident.
The Tribunal applied the 'but for' test and found the disc herniation was causally connected to the accident, as the applicant was performing the exercises to rehabilitate his accident-related back injury.
The Tribunal concluded the applicant suffered a substantial inability to perform the essential tasks of his employment for the first 104 weeks, and a complete inability to engage in suitable employment thereafter.
The applicant was awarded ongoing income replacement benefits and the cost of a vocational assessment.
OLATOntario Licence Appeal TribunalFeb 9, 2018
