Application for non-earner benefits dismissed as applicant failed to prove complete inability to carry on normal life.
The applicant was injured in a motor vehicle accident and sought non-earner benefits, claiming a complete inability to carry on a normal life.
The respondent denied the benefits after an initial period of payment.
The adjudicator found that the applicant had significant pre-existing conditions, including avascular necrosis and hip pain, which already limited his pre-accident activities.
Applying the Heath test, the adjudicator concluded that the applicant failed to prove his accident-related impairments continuously prevented him from engaging in substantially all of his pre-accident activities.
The application was dismissed.
OLATOntario Licence Appeal TribunalApr 19, 2022
