Kristopher Angle

The applicant was injured 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.

The Tribunal compared the applicant's pre- and post-accident activities, noting his inability to perform meaningful hobbies, home maintenance, and family activities due to a right wrist fracture and ongoing pain.

Preferring the evidence of the treating orthopaedic surgeon over the insurer's assessor, the Tribunal found the applicant met the test for a non-earner benefit and ordered the respondent to pay the benefit with interest.

The applicant sought a non-earner benefit (NEB) following a motor vehicle accident in which she sustained a concussion and a fractured sacrum.

The Tribunal applied the Heath test to compare her pre- and post-accident activities.

Finding the applicant credible and her limitations corroborated by her family doctor, the Tribunal concluded she suffered a complete inability to carry on a normal life for the first ten months post-accident.

The insurer's medical examinations, conducted at the 23-month mark, were deemed unhelpful for assessing the earlier period.

The applicant was awarded the NEB from March 14, 2018, to December 31, 2018, along with interest on overdue payments, but denied benefits for the remainder of the claimed period due to a lack of medical evidence supporting ongoing impairment.