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H.H. v. Aviva General Insurance (17-005287)

  • April 17, 2020

The claimant sought entitlement to non-earner benefits and an award. Adjudicator Gosio found that the claimant had not met her onus of establishing that she suffered a complete inability to carry on a normal life and was therefore not entitled to non-earner benefits or an award. He found that although the claimant demonstrated there were changes in her post-accident life with respect to the scope, frequency, and duration with which she engaged in some pre-accident activities, she could still perform many of her pre-accident activities, including child care needs, without significant restrictions. Adjudicator Grant noted the claimant’s testimony with respect to her post-accident activities was consistent with the orthopaedic and psychological IE reports, which indicated she was independent with self-care needs, able to attend to her child care needs despite pain, and perform laundry, light cleaning, and some cooking.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits
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