Applicant awarded post-104 income replacement benefits and a 20% award for insurer's unreasonable delay.
The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB) beyond the 104-week mark, claiming a complete inability to work due to severe psychological impairments, including PTSD and psychosis.
The Licence Appeal Tribunal found the applicant's psychiatric evidence persuasive and concluded she met the test for post-104 IRBs.
The Tribunal also found the insurer unreasonably delayed paying the pre-104 IRB for approximately four years despite having all necessary information, and ordered a 20% award on the pre-104 IRB amount under Regulation 664.
The claim for an award on the post-104 IRB was dismissed.
OLATOntario Licence Appeal TribunalAug 10, 2023
