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Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on normal life.
The applicant sought a non-earner benefit and interest following a motor vehicle accident.
The Licence Appeal Tribunal dismissed the application, finding the applicant failed to meet her onus of proving a complete inability to carry on a normal life.
The applicant's submissions regarding her pre- and post-accident activities were brief and unsupported by persuasive evidence, and the medical evidence, including an OCF-3 and clinical notes, was insufficient to establish the requisite impairment.
An adverse inference was also drawn from the applicant's failure to comply with a production order.