John M Bray

The applicant sought post-104-week income replacement benefits following a motor vehicle accident that resulted in a severe right ankle fracture.

The respondent terminated benefits, arguing the applicant could work in alternative sedentary roles such as a cashier or telemarketer.

The Tribunal applied the complete inability test and found the proposed alternative occupations were not reasonably suitable due to the applicant's physical limitations, lack of computer skills, and the substantial retraining that would be required.

The Tribunal ordered the respondent to pay the income replacement benefits with interest, but declined to order an award as the applicant provided no submissions on that issue.

The applicant, an intercity bus driver, was injured in a motor vehicle accident and sought post-104 income replacement benefits (IRBs).

The respondent denied the benefits, arguing the applicant's return to part-time work as a mail courier demonstrated she did not suffer a complete inability to engage in suitable employment.

The Tribunal found that the applicant's cognitive decline, photophobia, and reduced stamina rendered her unable to perform the highly responsible duties of an intercity bus driver.

Relying on the applicant's recent neurological and neuropsychological assessments, the Tribunal concluded her condition had deteriorated over time and she met the post-104 test as of September 27, 2023.

The applicant was awarded IRBs from that date onward, plus interest.