Dr. Cullen

The applicant sought to vary a previous arbitration order to increase his attendant care benefits to cover 24/7 care, alleging a material change in circumstances due to worsening mental and physical health following a 2003 motor vehicle accident.

The Director's Delegate found that while the applicant's mental and behavioural disorders had worsened, constituting a material change, he was far less disabled than he presented.

Relying on surveillance evidence and the respondent's occupational therapist, the Delegate concluded that 24/7 care was not reasonable or necessary, as the applicant did not pose a danger to himself or others and demonstrated independent functionality.

The Delegate increased the attendant care benefits to $1,445.75 per month to account for increased emotional support and cuing needs, but dismissed the claim for a special award.

The applicant sought to vary a previous arbitration order to increase his attendant care benefits to provide for 24/7 care, alleging a material change in circumstances due to worsening mental and behavioral disorders following a 2003 motor vehicle accident.

The Director's Delegate found a material change in circumstances based on a new anxiety disorder diagnosis and worsening psychological symptoms, but rejected the need for 24/7 care, relying on surveillance evidence and an occupational therapist's assessment showing the applicant was less disabled than claimed.

Attendant care benefits were increased to $1,445.75 per month to account for additional emotional support and cuing.

The claim for a special award was dismissed.