Dianne Taylor

The applicant, who was rendered a paraplegic in a 1994 motor vehicle accident, sought to arbitrate his entitlement to attendant care benefits.

The insurer argued that a 1996 settlement agreement precluded arbitration until the applicant moved into permanent housing accommodation and underwent a further Designated Assessment Centre (DAC) assessment.

The arbitrator found that the applicant's fluctuating living arrangements, which included living in a van and a recreational vehicle while pursuing a competitive sailing career, did not constitute permanent housing accommodation.

The arbitrator held that the applicant was bound by the procedural terms of the settlement and was precluded from proceeding to arbitration until he complied with the agreed-upon assessment process.