16-000068 v Royal Sun Alliance Insurance Company of Canada, 2017 CanLII 44023

Jun 30, 2017

Adjudicator: Susan Sapin

Issue: Is the Applicant Entitled to an Income Replacement Benefit?

The Applicant was stopped a stop light in a tow truck and was rear ended.  The impact was so severe that it pushed the 13,000 pound truck into the intersection, the car struck a traffic light and knocked the pole over, the flipped upside down. The Applicant suffered whiplash injuries and has been unable to return to his job due to debilitating pain in his back, hip, groin, right leg and neck which shoots down his right arm, as well as headaches. He also complained of nightmares/flashbacks, difficulty sleeping, sadness and anxiety as well as a loss of and self-esteem and worry as he will be unable to marry or support a family in the future to the end of his career.

The Adjudicator held that the Applicant was entitled to an IRB since the accident and ongoing, including interest on overdue payments.  The Applicant is unable to return to his pre-accident employment as a tow truck operator due to his physical injuries and pain and not his psychological conditions.  The Adjudicator accepted the medical evidence and testimony of the Applicant and found that but-for the accident, the Applicant would have been able to continue his chosen career.

The Applicant had no issues pre-accident conducting his employment duties.  Further, he was referred to numerous specialists post-accident, who affirmed that the above listed injuries are debilitating resulting in the Applicant being significantly limited in performing his employment duties.