Mr. Wallach

The appellant appealed an arbitrator's decision denying her claims for income replacement benefits (IRBs) and attendant care benefits following a motor vehicle accident.

The Director's Delegate upheld the arbitrator's findings that funds paid by the appellant's employer to a third-party service provider constituted post-accident income, which reduced her IRB entitlement to zero.

The Delegate also upheld the denial of attendant care benefits, as the service providers were not acting in the course of their ordinary employment.

However, the Delegate found the arbitrator erred in law by denying claims for attendant care assessments based on the threshold entitlement finding, rather than assessing if the fees were reasonable and necessary.

The appeal was allowed in part, and the issue of assessment costs was remitted to a different arbitrator.