The claimant disputed her entitlement to NEBs and brought a claim for a special award. Adjudicator Shapiro found the claimant’s evidence was not consistent with a complete inability to carry on her pre-accident activities, which had been limited by a recent, prior unrelated fall, and did not establish that the motor vehicle accident was the triggering event for her psychological and alcohol-related concerns. Adjudicator Shapiro considered the “but for” test and noted that the claimant’s treatment providers did not indicate that the accident was a necessary cause of the impairments. At most, the accident resulted in soft-tissue injuries, some driving anxiety, and some residual pain, but not chronic pain syndrome.
