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N.M. v. Aviva General Insurance (18-008710 and 18-008717)

  • September 13, 2021

The claimant requested reconsideration of the Tribunal’s decision which found she was entitled to NEBs in the amount of $185.00 per week up to the two-year mark. The claimant submitted that the Tribunal made a significant error of fact and law when it ordered NEBs payable only up to the two-year mark by using the wrong version of the SABS. Although the accident occurred on March 28, 2017, the insurance policy was entered into on April 7, 2016 (therefore prior to June 1, 2016 and after September 1, 2010). The claimant submitted new information in the form of a policy slip confirming same. Adjudicator Paluch granted the claimant’s reconsideration request, finding that the error of fact was significant such that a different decision would have been reached by allowing ongoing payments of NEBs in accordance with the applicable SABS, and concluded that the claimant she was entitled to NEBs in the amount of $185.00 per week up to the two-year mark and $320.00 per week thereafter and ongoing.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Reconsideration
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