Applicant awarded non-earner benefits after proving complete inability to carry on a normal life.
The applicant, a 31-year-old homemaker and mother, suffered serious physical and psychological injuries in a motor vehicle accident.
She applied for non-earner benefits, which the respondent insurer terminated.
The Tribunal applied the Heath test to determine if the applicant suffered a complete inability to carry on a normal life.
Finding the applicant and her treating practitioners credible, and placing limited weight on the insurer's assessors, the Tribunal concluded that the applicant's pain and psychological impairments continuously prevented her from engaging in substantially all of her pre-accident activities, particularly caregiving and homemaking.
The Tribunal ordered the respondent to pay the non-earner benefits and interest on overdue amounts.
OLATOntario Licence Appeal TribunalOct 18, 2017
