The applicant sustained a catastrophic impairment, including a severe traumatic brain injury, in a motor vehicle accident.
She brought a motion for interim attendant care benefits, seeking 24-hour care to manage her physical, cognitive, and behavioural impairments, which included severe impulsivity and self-medication with alcohol.
The insurer argued her need for care stemmed from pre-accident personality traits and opposed the interim relief.
The arbitrator found the applicant established a prima facie case for entitlement, demonstrating both financial need and urgency due to safety risks.
The arbitrator ordered the insurer to pay an additional $3,371.20 per month for interim attendant care, subject to conditions including payment to her counsel in trust.
The arbitrator also awarded interest on the overdue benefits at 2% per month.
