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L.H. v. Aviva General Insurance (19-004132)

  • June 9, 2020

The claimant sought entitlement to ongoing NEBs and interest. The IE assessors concluded that the claimant did not suffer a complete inability to carry on a normal life. Adjudicator Kaur determined that there was limited evidence to refute the findings in these reports. Further, the claimant had not submitted any medical evidence to substantiate her pain-related complaints. The claimant’s pain did not prevent her from independent self-care or engagement in other activities. Adjudicator Kaur found that the claimant failed to explain how she would meet the non-earner benefit test. Also, the claimant did not provide enough evidence to demonstrate that the changes to her post-accident life have continuously prevented her from engaging in substantially all of her pre-accident activities.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits
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