The retired claimant sought entitlement to NEB. He argued that the accident had exacerbated a previously asymptomatic right shoulder injury. He claimed due to the accident he suffered neck, right shoulder and lumbar spine pain that affected his ability to engage in his activities of daily living. However, he did not make any submissions on the activities affected or how his injuries impacted his activities of daily living. Vice Chair McGee found there was clear evidence that the claimant had a pre-existing shoulder injury that was causing his pain, but the claimant’s self-reporting and the clinical notes and records of his health care providers suggested he had a minimal level of impairment relative to his pre-accident level of function. Vice Chair McGee concluded that the claimant was not entitled to non-earner benefits or interest as he failed to show that he met the criteria for entitlement.
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