Mr. D. Remedios

The applicant, a personal support worker struck by a motor vehicle as a pedestrian, sought statutory accident benefits including an income replacement benefit (IRB), a chronic pain assessment, and psychological treatment.

The Licence Appeal Tribunal dismissed the application.

The Tribunal found the applicant was barred from receiving an IRB for the initial period because she failed to submit a disability certificate until September 2019.

For the subsequent periods, she failed to prove a substantial or complete inability to work, as her family physician's notes indicated she was able to work after November 2018 and she provided no functional abilities evaluation.

The Tribunal also denied the chronic pain assessment and the disputed portion of the psychological treatment plan, finding them not reasonable or necessary based on the medical evidence.

The Applicant sought income replacement benefits (IRBs) following a motor vehicle accident, claiming that chronic pain syndrome prevented him from working full-time.

The Applicant had returned to his pre-accident role but at reduced hours.

The Respondent denied the IRBs, arguing the Applicant did not meet the post-104 test of suffering a complete inability to engage in suitable employment.

The Tribunal dismissed the application, finding that while the Applicant suffered from chronic pain, he had successfully returned to work at two-thirds capacity and maintained his status and reward.

The Tribunal preferred the Respondent's medical evidence that the Applicant was not medically restricted from working and would benefit from workplace accommodations and exercise.