Jalpa Bode

The applicant, a student, was injured in a motor vehicle accident and sought non-earner benefits under the Statutory Accident Benefits Schedule.

The respondent insurer terminated the benefits, relying on section 44 assessments.

The Tribunal found that the applicant suffered a complete inability to carry on a normal life, as he was unable to meaningfully and consistently engage in his pre-accident activities, including school and recreational activities, due to ongoing physical and psychological impairments.

The Tribunal preferred the applicant's medical evidence over the respondent's assessors, who failed to properly apply the legal test.

The applicant was awarded non-earner benefits and interest, but his claim for a special award was dismissed as there was no evidence the insurer acted unreasonably or in bad faith.