Marla Rosenfeld

The applicant, who was deemed catastrophically impaired following a motor vehicle accident, sought attendant care benefits and moving expenses.

The Licence Appeal Tribunal found the applicant entitled to $1,192.52 per month for attendant care, preferring the evidence of her treating occupational therapist regarding her need for emotional support and cueing.

The Tribunal denied the claim for moving expenses, finding the relocation was necessitated by the applicant's divorce rather than the accident, and thus did not qualify as a reasonable and necessary rehabilitation expense under the Schedule.

The applicant, who was catastrophically injured in a motor vehicle accident, applied for attendant care benefits in the amount of $3,790.38 per month.

The respondent partially approved the claim in the amount of $2,331.07 per month.

The respondent raised a preliminary issue that the Tribunal lacked jurisdiction because the applicant was not incurring expenses above the approved amount.

The Tribunal dismissed the preliminary issue, finding that a dispute exists over the quantum of the benefit regardless of whether it has been incurred.

On the merits, the Tribunal found the applicant entitled to $2,997.30 per month in attendant care benefits, concluding that he requires 8 hours of attendant care daily.

The applicant was struck by a vehicle while crossing the street and claimed statutory accident benefits for income replacement, housekeeping, and travel expenses.

The insurer denied income replacement benefits after December 26, 1995, and housekeeping expenses.

At arbitration, the arbitrator found the applicant to be an unreliable historian whose testimony was contradicted by video surveillance showing him walking normally.

The medical evidence did not support the applicant's claims of debilitating physical or cognitive impairments preventing him from performing his job as a furniture assembler.

The claims for income replacement and housekeeping were dismissed, but the applicant was awarded $590 for uncontested travel expenses.