2 total
Reconsideration of attendant care benefit denial dismissed as applicant attempted to re-weigh evidence.
The applicant requested a reconsideration of a Tribunal decision that dismissed his claim for an attendant care benefit following a motor vehicle accident.
The applicant argued the Tribunal ignored evidence of his reliance on his wife, conflated his awareness of medical restrictions with functional ability, and improperly relied on a catastrophic assessment over an attendant care assessment.
The Tribunal dismissed the request, finding that the applicant was attempting to re-weigh the evidence and raise new arguments not presented at the initial hearing.
The Tribunal concluded no error of law or fact was established under Rule 18.2.
Accident benefits denied; provider travel expenses are not authorized and assessment fees capped at $2,000.
The applicant sought statutory accident benefits following a motor vehicle accident, including treatment plans for social rehab counseling, a catastrophic impairment assessment, and attendant care benefits.
The Tribunal denied the travel expenses for service providers, finding they are not authorized transportation expenses under the Schedule.
The Tribunal also denied the catastrophic impairment assessment costs exceeding the $2,000 statutory cap.
Finally, the claim for attendant care benefits was dismissed because the applicant's own self-reporting and occupational therapy assessments indicated he was independent in his activities of daily living.
No co-appearing lawyers found.
No judges found.