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Brenner v. TD General Insurance Company (20-006389)

  • March 11, 2022

The claimant applied to the LAT seeking entitlement to non-earner benefits. She sustained serious injuries in an accident in 2013, when she was 12 years old. As she was not entitled to receive NEBs until she was 16, she first applied for and began receiving NEBs on May 23, 2017, at the rate of $320 per week. The claimant was involved in a second (minor) accident on May 31, 2018, while NEBs were still being paid in relation to the first accident. The insurer terminated NEBs for the first accident on July 4, 2018, based on IE opinions. The insurer then began paying NEBs for the second accident at the rate of $185 per week and continued to pay NEBs up to the full two-year mark provided by the SABS. At the hearing, the claimant sought entitlement to NEBs in the amount of $320 per week for the period of July 4, 2018, to date and ongoing. She submitted that but for the first accident, she would not have sustained her impairments and would not have been entitled to NEBs as a result of the second accident. Vice-Chair Boyce found that the claimant was entitled to NEBs at the rate of $320 per week for the period of July 4, 2018 to October 31, 2019, as she continued to have a complete inability to carry on a normal life as a result of the 2013 accident during this time.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits
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