Aiden Huynh

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied her claim for outstanding attendant care benefits, and also brought a motion for the adjudicator to recuse himself due to alleged bias.

The Tribunal dismissed the recusal motion, finding no reasonable apprehension of bias or institutional bias.

However, the Tribunal granted the reconsideration request in part, finding a material breach of procedural fairness because the adjudicator had reframed the issues by failing to determine the reasonable and necessary quantum of the attendant care benefit, which had been an issue at the initial hearing.

Rehearing the issue based on the existing record, the Tribunal weighed competing occupational therapy assessments and concluded the applicant was entitled to an attendant care benefit of $1,962.55 per month on an ongoing basis.