A.B. v. Aviva General Insurance Company(18-010200)

The claimant sought entitlement to non-earner benefits. Adjudicator Farlam found that the claimant had not met his onus of establishing that he suffered a complete inability to carry on a normal life, and was thus not entitled to non-earner benefits. The adjudicator noted that the weight of the evidence supported that the claimant’s physical and psychological injuries were not debilitating and had not prevented him from resuming pre-accident activities such as some employment and physical activity. He further noted that the clinical notes and records and OCF-3s put forth by the claimant were not sufficient to outweigh the insurer’s multi-disciplinary IE reports, all of which found that the claimant did not suffer a complete inability to carry on a normal life.