The applicant was injured in a motor vehicle accident and later gave birth to a child.
She claimed the cost of nanny services as a rehabilitation benefit under the Statutory Accident Benefits Schedule, arguing she could not physically or psychologically care for the child due to her injuries.
A Designated Assessment Centre (DAC) report concluded the services were reasonable and necessary from a psychological perspective.
The insurer refused to pay, arguing the services were caregiver benefits to which she was not entitled, or that they represented double recovery since she had settled her income replacement benefits claim.
The arbitrator held that the nanny services were properly claimed as a rehabilitation benefit.
Under the 'pay now, dispute later' provisions of the Schedule, the insurer was required to pay the benefit pending final resolution of the dispute based on the positive DAC report.
The insurer was ordered to pay arrears of $31,738 plus ongoing monthly benefits and interest.
