Application for post-104 week income replacement benefits dismissed; applicant failed to prove complete inability to work.
The applicant was injured in a motor vehicle accident and received income replacement benefits for 104 weeks.
The insurer terminated the benefits, and the applicant sought reinstatement, arguing she suffered a complete inability to engage in any employment for which she was reasonably suited by education, training, or experience due to psychological and physical impairments.
The Tribunal dismissed the application, finding the applicant's self-reports and medical evidence insufficient to meet the post-104 week test, and preferred the respondent's objective functional and vocational assessments which identified suitable sedentary occupations.
OLATOntario Licence Appeal TribunalFeb 6, 2018