2 total
Tribunal awards electric bed and home modifications for shoulder injury; rejects late-raised non-attendance defence.
The applicant sought medical and rehabilitation benefits under the Statutory Accident Benefits Schedule following a motor vehicle accident.
The respondent denied treatment plans for an electric bed and various occupational therapy devices, and attempted to argue the application was statute-barred due to the applicant's failure to attend an insurer's examination.
The Tribunal refused to hear the preliminary issue as it was not properly raised.
On the merits, the Tribunal found the electric bed, front entrance bench, carpet runner, grab bars, and body scrubber were reasonable and necessary due to the applicant's chronic left shoulder impairment and compromised balance.
The Tribunal denied the cost of bilateral railings for lack of a proper quote, and denied handheld shower heads as the applicant already had functional ones.
Interest was awarded on the overdue benefits.
Child support Case dismissed
The applicant father sought joint custody, limited access, a cap on s. 7 expenses, no spousal support, and minimal equalization.
The respondent mother sought sole custody, access with all children, no cap on s. 7 expenses, spousal support, and higher equalization.
The Office of the Children's Lawyer supported the mother's position on custody and access for all children.
The court granted the mother sole custody, ordered the father to have parenting time with all four children, dismissed the father's request for a cap on s. 7 expenses, ordered the father to pay spousal support of $450 per month, and an equalization payment of $7,265.
The court found the father's parenting style inflexible and his SSAG calculation manipulated.