Applicant entitled to income replacement benefits for 104 weeks and disputed medical benefits; delay excused.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits after a delay caused by an initial application for employment insurance.
The Tribunal found the applicant had a reasonable explanation for the delay and was not disentitled to benefits.
The Tribunal held the applicant suffered a substantial inability to perform the essential tasks of his pre-accident employment due to a neck injury and fractured finger, entitling him to income replacement benefits for the first 104 weeks.
However, he did not meet the complete inability test for post-104 week benefits.
The Tribunal also ordered the insurer to pay several disputed medical and rehabilitation benefits, noting the insurer had incorrectly adjusted the claim under the Minor Injury Guideline despite the applicant's fractured finger.
OLATOntario Licence Appeal TribunalDec 8, 2017
