Claim for income replacement benefits dismissed due to non-attendance at insurer examinations and lack of complete inability to work.
The applicant sought income replacement benefits following a motor vehicle accident.
The respondent denied the benefits and raised a preliminary issue that the applicant was statute-barred from claiming pre-104 benefits due to her failure to attend section 44 insurer examinations.
The Tribunal agreed, finding the applicant failed to attend properly scheduled examinations without a reasonable explanation.
Regarding post-104 benefits, the Tribunal found the applicant did not suffer a complete inability to engage in employment, noting she had returned to work and closed her business due to pandemic lockdowns rather than accident-related impairments.
The claims for benefits, interest, and an award were dismissed.
OLATOntario Licence Appeal TribunalNov 29, 2023
