Applicant entitled to income replacement benefits and orthopaedic assessment; insurer's surveillance and medical reports unpersuasive.
The applicant sought income replacement benefits (IRBs) and the cost of an orthopaedic assessment following a motor vehicle accident.
The insurer denied the benefits based on insurer examinations and surveillance video, arguing the applicant did not suffer a substantial inability to perform his pre-accident employment as a truck driver assistant and that his injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant's physical and psychological impairments, combined with the heavy physical demands of his pre-accident employment, entitled him to IRBs.
The Tribunal also found the orthopaedic assessment was reasonable and necessary as the applicant's injuries fell outside the MIG.
Both parties' requests for costs were denied.
OLATOntario Licence Appeal TribunalFeb 1, 2017
