Applicant entitled to closed period of IRBs reduced to zero by EI benefits; other claims dismissed.
The applicant sought statutory accident benefits following a rear-end motor vehicle collision, claiming entitlement to income replacement benefits (IRBs), attendant care benefits (ACBs), and various medical assessments.
The Tribunal found that the applicant suffered a temporary exacerbation of pre-existing shoulder and neck issues, entitling her to IRBs for a closed period until December 31, 2024.
However, the quantum payable was reduced to zero because the applicant received employment insurance sickness benefits that fully offset the IRB amount.
The claims for ACBs and medical benefits were dismissed, as surveillance evidence and medical assessments demonstrated the applicant could perform her pre-accident activities and did not require the claimed assistance or further assessments.
OLATOntario Licence Appeal TribunalJun 9, 2026
