The applicant was catastrophically injured in a motorcycle accident and claimed 24-hour attendant care benefits.
The insurer reduced benefits based on an occupational therapy assessment and denied payment to the applicant's former partner, a registered nurse, arguing she was a non-professional service provider who failed to prove economic loss under the February 1, 2014 amendments to the Schedule.
The arbitrator held that the applicant's right to benefits did not vest at the time of the accident, making the amendments applicable.
However, the former partner qualified as a professional service provider due to her nursing credentials.
Preferring the evidence of the applicant's experts, the arbitrator found that the applicant required 24-hour care due to physical, cognitive, and emotional impairments, awarding past and ongoing attendant care benefits up to $6,000 per month, plus costs.
