The claimant sought entitlement to NEBs and removal from the MIG. Adjudicator Belanger-Hardy denied all claims. First, she held that the claimant failed to adduce sufficient evidence of the details of his pre-accident lifestyle and activities to establish his eligibility to NEBs. Second, the claimant did not adduce sufficient evidence that he sustained a non-minor injury in the accident, or that he suffered a pre-existing medical condition that would prevent maximum medical recovery under the MIG. In particular, Adjudicator Belanger-Hardy wrote that the claimant mentioning “back pain” or “backache” to his physician on one pre-accident visit did not amount to compelling evidence of a pre-existing condition, nor did experiencing pre-accident cardiac conditions.
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