The insurer denied the claimant’s claim for NEBs on the basis that he did not suffer from a complete inability to carry on a normal life. The claimant disagreed and applied to the Tribunal for dispute resolution. Adjudicator Paluch concluded that the claimant was not entitled to receive NEBs applying the principles outlined in Heath v. Economical. The evidence led at the hearing indicated that the claimant had a reduced ability to participate in the activities that he did prior to the accident, but he did not have a complete inability. Adjudicator Paluch stated that the claimant provided inconsistent testimony and a lack of medical documentation to support his entitlement to NEBs. Further, the IEs relied upon by the insurer were unrefuted. As a result, the claimant failed to meet the onus of providing on a balance of probabilities that he had suffered a complete inability to carry on a normal life as a result of the accident.
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