Applicant awarded income replacement benefits after demonstrating substantial inability to perform pre-accident employment.
Following a reconsideration order, the Licence Appeal Tribunal redetermined the applicant's entitlement to an income replacement benefit (IRB).
The Tribunal found that the applicant suffered a substantial inability to perform the essential tasks of her pre-accident employment as a customer service representative due to chronic pain in her left arm and shoulder.
The Tribunal preferred the evidence of the applicant and her medical expert over the insurer's experts, noting that the applicant's ongoing pain and functional limitations were consistent with an inability to perform her work tasks.
The applicant was awarded IRBs of $341.96 per week for the disputed period, plus interest.
OLATOntario Licence Appeal TribunalNov 1, 2019
