The insurer requested a reconsideration of a hearing decision in which the claimant was found entitled to NEBs with interest. The insurer argued, among other things, that the LAT erred by ordering payment of NEBs beyond the 104-week mark and erred in its application of the Heath test by not requiring the claimant to present quantitative evidence detailing her pre- and post-accident activities. Vice-Chair McGee granted the request for reconsideration in part. Vice-Chair McGee found that the Heath test requires a comparison of activities and circumstances before and after the accident that is qualitative, not quantitative, and that the LAT did not err in its application of the test. Vice-Chair McGee found that that hearing adjudicator had erred with regards to the period of entitlement to NEBS, and found that the claimant was to be entitled to NEBs up until the 104-week mark, pursuant to s. 12(3)(c) of the SABS.
