Mr. Rod Pritchett

The applicant, a 69-year-old retiree, was involved in a motor vehicle accident and sought a non-earner benefit from the respondent insurer.

The respondent denied the benefit, arguing the applicant did not suffer a complete inability to carry on a normal life and had a pre-existing shoulder injury.

The Tribunal found that the applicant failed to establish that his impairment continuously prevented him from engaging in substantially all of his pre-accident activities.

Medical evidence and the applicant's own self-reporting indicated he had returned to most of his activities of daily living.

The application for a non-earner benefit was dismissed, and the respondent's request for costs was also dismissed.