Judith Kazdan

The applicant sought a non-earner benefit (NEB), an award for unreasonable delay, interest, and costs following a motor vehicle accident.

The respondent denied the NEB, arguing the applicant's impairments were pre-existing and temporary.

The Tribunal found that the accident exacerbated the applicant's pre-existing physical and psychological conditions, resulting in a complete inability to carry on a normal life.

The applicant was awarded the NEB and interest.

However, the Tribunal dismissed the claims for a special award and costs, finding the respondent did not act unreasonably, frivolously, or in bad faith.