Applicant awarded ongoing non-earner benefits after demonstrating a complete inability to carry on a normal life.
The applicant, a pedestrian injured in a motor vehicle accident, applied for non-earner benefits after the respondent insurer terminated them.
The adjudicator applied the Heath test to determine whether the applicant suffered a complete inability to carry on a normal life.
Finding that the applicant's pain and physical limitations practically prevented her from engaging in substantially all of her pre-accident activities, including walking, housekeeping, and caring for her grandchildren, the adjudicator concluded she met the test.
The applicant was awarded ongoing non-earner benefits and interest on overdue payments.
OLATOntario Licence Appeal TribunalOct 4, 2017
