Application for income replacement benefits dismissed as medical evidence showed applicant could return to pre-accident employment.
The applicant sought entitlement to pre-104 and post-104 Income Replacement Benefits (IRBs) following a motor vehicle accident.
The respondent insurer terminated the IRBs based on multidisciplinary assessments indicating the applicant could return to her pre-accident employment as an Uber driver.
The adjudicator found that the applicant failed to provide compelling medical evidence to contradict the respondent's assessors, who concluded there were no ongoing objective musculoskeletal or neurological impairments caused by the accident.
Furthermore, the applicant's own psychological records did not support a diagnosis of PTSD or a driving phobia.
The adjudicator also noted the applicant received CERB and CRB during the disputed period and successfully completed education to become a medical esthetician.
The application was dismissed.
OLATOntario Licence Appeal TribunalFeb 7, 2025
