The claimant sought entitlement to NEBs and two medical benefits. Adjudicator Bass denied all claims as not meeting the requisite test for entitlement.
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Category: Non-Earner Benefits
The claimant sought NEBs, medical benefits, and removal from the MIG. The adjudicator found that the claimant did not satisfy the burden of being removed from the MIG. There was a causation issue as the claimant was involved in two separate accidents and the alleged injuries from each accident were similar. NEBs were denied on credibility issues and the failure to provide sufficient evidence of the details of the claimant’s pre-accident lifestyle.
The claimant sought entitlement to NEBs and transportation costs. The insurer relied upon surveillance as part of its defence. Adjudicator Richards concluded that the claimant did not meet the complete inability test, and was not entitled to transportation costs. The adjudicator allowed the surveillance to be admitted despite non-compliance with the timelines in the LAT Rules.
A completed OCF-3 was submitted; the claimant was said to have not met the test for NEBs. An OCF-10 was submitted whereby the claimant elected NEBs. The insurer sought a preliminary hearing to have the claimant’s claim for NEBs dismissed without a hearing. Adjudicator Pay concluded that the claimant was still entitled to pursue a claim for NEBs despite the original OCF-3 not supporting NEBs.