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L.V. v. Aviva Insurance Company of Canada (18-012245)

  • February 3, 2020

The claimant disputed his entitlement to NEBs. The claimant argued that he suffered from a complete inability to work and live his normal life because he had a psychological impairment and widespread pain as a result of his accident-related injuries. The insurer submits that the claimant failed to discharge his onus of proving he has suffered a complete inability to carry on a normal life. Vice Chair Farlam agreed, noting that the weight of the evidence was that the claimant’s pain and psychological condition was not debilitating and had not prevented him from working at his pre-accident occupation or resuming substantially all pre-accident activities. The claimant’s claim for NEBs was dismissed.

Full decision here

TGP Analysis

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