The claimant sought entitlement to NEBs up to the 104 week mark. Adjudicator Parish held that the claimant did not meet the disability test and dismissed the claim. She accepted that the claimant had psychological impairments, but that the impairments pre-dated the accident. She also made an adverse inference about the claimant’s occupational activities due to his failure to produce self-employment records. Adjudicator Parish also noted that the claimant’s self-reporting to his section 25 assessors and IE assessors did not appear honest or accurate, and that he overattributed the effects of the accident on his level of functioning. Adjudicator Parish also found that the insurer complied with section 37 in terminating NEBs, and that section 36 was not applicable as the claimant was receiving NEBs at the time IEs were requested and subsequently terminated.
