Elaine Marchand Shepherd

The applicants, who both required leg amputations following a motorcycle accident, sought funding for home modifications under the Statutory Accident Benefits Schedule.

The parties presented competing modification plans, with the applicants proposing a one-storey expansion and the respondent proposing a two-storey build.

The adjudicator found the applicants' plan to be reasonable and necessary, as it accommodated their wheelchair needs while preserving their pre-accident lifestyle and avoiding the safety risks of a two-storey design.

The adjudicator also awarded the applicants 25% of the value of a back-up generator under section 10 of Regulation 664, finding that the respondent unreasonably delayed its approval.

The Applicant sustained a catastrophic brain injury in a 2008 motor vehicle accident.

She sought attendant care benefits of $6,000 per month and housekeeping benefits of $100 per week.

The Arbitrator found that the Applicant reasonably required 24-hour basic supervisory care due to her inability to respond to emergencies and changes in behaviour, awarding $6,000 per month from April 14, 2009 onwards.

The claim for housekeeping benefits was dismissed because the Applicant failed to prove her pre-accident housekeeping activities and failed to provide the Insurer with reasonably requested particulars about the services provided.