Mr. De Feo

The applicant, a pedestrian struck by a vehicle in a parking lot, sought entitlement to attendant care benefits and various medical and rehabilitation benefits under the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal found the applicant entitled to a reduced attendant care benefit for a limited period, preferring the respondent's occupational therapy assessment which accounted for the applicant's right-hand dominance.

The Tribunal also approved treatment plans for chiropractic and physiotherapy services, finding them reasonable and necessary for pain relief.

However, claims for an orthopaedic mattress, extended psychological sessions, occupational therapy, and transportation expenses were dismissed due to non-attendance at an insurer's examination, lack of justification, and statutory limitations.

The applicant was injured in a motorcycle accident and claimed attendant care benefits for services provided by his wife.

The insurer denied payment because the wife, a retired nurse, did not provide the services in the course of her employment and did not sustain an economic loss.

The Licence Appeal Tribunal agreed, finding that the applicant failed to prove an economic loss as required by the Statutory Accident Benefits Schedule.

The Tribunal also found the claimed amounts excessive and unsupported by the evidence, and dismissed claims for a special award and interest.