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Applicant awarded ongoing income replacement benefits due to chronic pain but denied attendant care and medical benefits.
The applicant sought income replacement benefits (IRBs), attendant care benefits, and medical benefits following a motor vehicle accident.
The Tribunal found that the applicant met both the Pre-104 and Post-104 IRB tests due to chronic pain and depression preventing her from returning to her pre-accident employment as a cook, despite her part-time accommodated work at an assisted living residence.
The Tribunal dismissed the claims for attendant care and medical benefits, finding the applicant independent in personal care and no longer in need of the requested assistive devices or occupational therapy.
The applicant was awarded IRBs with deductions for her part-time income, plus interest, but no special award was granted.
The Tribunal found the applicant met both the pre-104 and post-104 week tests for IRBs due to chronic pain and depression, which prevented her from returning to her pre-accident employment as a cook.
However, the Tribunal denied the claims for attendant care and medical benefits, finding the applicant was independent in her personal care and had not utilized previously approved occupational therapy sessions.
The applicant was awarded IRBs subject to deductions for post-accident income, along with applicable interest, but no special award was granted.
No co-appearing lawyers found.
No judges found.