Michael Tompkins

The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer.

The applicant applied to the Licence Appeal Tribunal for ongoing benefits.

The insurer argued the application was statute-barred, but the Tribunal found it was commenced within the applicable time limits.

On the merits, the Tribunal found the applicant lacked credibility, noting he had returned to work as a superintendent for two different employers without disclosing this to the insurer or his own doctors.

Relying on the insurer's assessors and the applicant's employment records, the Tribunal concluded the applicant did not suffer a substantial inability to perform the essential tasks of his employment and dismissed the application.

The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.

The insurer terminated IRBs on April 15, 2014.

The Tribunal first determined that the application was not statute-barred, as the applicant was caught in the transition period between FSCO and the LAT.

On the merits, the Tribunal found the applicant lacked credibility, noting documentary evidence that he had returned to work as a superintendent for two different employers during the period he claimed to be substantially unable to work.

Relying on the insurer's expert assessments and the applicant's employment records, the Tribunal concluded the applicant did not suffer a substantial inability to perform the essential tasks of his employment.

The application was dismissed.