Karen Forse

The applicant was injured in a motor vehicle accident and deemed catastrophically impaired.

He sought ongoing statutory accident benefits for housekeeping and home maintenance, as well as a rent differential to move to a larger apartment.

The Licence Appeal Tribunal found that while the applicant suffered a substantial inability to perform his pre-accident housekeeping tasks, he failed to prove that the claimed housekeeping expenses were actually incurred.

The Tribunal also dismissed the claim for a rent differential, finding insufficient evidence that moving to a larger apartment was a reasonable and necessary medical or rehabilitation expense.

Claims for interest and an award for unreasonable delay were consequently dismissed.

The appellant appealed an Arbitrator's decision awarding her caregiver benefits for 43 weeks at $110 per week, but denying her claims for interest and expenses.

The appellant argued the Arbitrator erred in relying on an occupational therapist's assessment over lay evidence, setting the hourly rate at $10, denying interest, and deciding expenses without submissions.

The Director's Delegate dismissed the appeal, finding no errors of law.

The Arbitrator's preference for the assessment and the $10 rate were unassailable findings of fact.

Interest was properly denied because the appellant failed to provide required information about her caregiver's economic loss, meaning the benefits were never overdue.

The expense order did not breach natural justice as it complied with Rule 77.1.