Catastrophic impairment and IRB claims dismissed; applicant failed to meet impairment thresholds and demonstrated ability to work.
The applicant was struck by a vehicle as a pedestrian and sought statutory accident benefits, including a determination of catastrophic impairment, income replacement benefits (IRBs), and various medical benefits.
The Tribunal found that the applicant did not sustain a catastrophic impairment, as his physical and psychological impairments did not meet the 55% whole person impairment threshold under criteria 6 and 7, nor did he suffer marked impairments in three domains under criterion 8.
The Tribunal also dismissed the claim for IRBs, noting the applicant had returned to work for nearly three years post-accident and failed to demonstrate a complete inability to engage in suitable employment.
Claims for a functional abilities evaluation and worksite assessment were dismissed as not reasonable and necessary.
The applicant was awarded minor amounts for treatment plan form fees and interest on those amounts, but the claim for a special award was dismissed as the insurer's denials were not unreasonable.
OLATOntario Licence Appeal TribunalMar 2, 2026
