Applicant awarded non-earner benefits after demonstrating the accident exacerbated pre-existing chronic pain and mobility issues.
The applicant sought a non-earner benefit (NEB) under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The respondent insurer denied the benefit, arguing the applicant's post-accident condition was not significantly different from his pre-accident state due to extensive pre-existing injuries.
The Tribunal applied the Heath test and found that the accident exacerbated the applicant's chronic pain and mobility issues, resulting in a complete inability to carry on a normal life.
The Tribunal gave limited weight to the insurer's s. 44 assessors because they failed to review the applicant's medical records.
The applicant was awarded the NEB with interest.
OLATOntario Licence Appeal TribunalJun 21, 2023
