Yalda Mobed

The applicant sought non-earner benefits and attendant care benefits following a motor vehicle accident.

The Tribunal found the applicant failed to meet the test for a non-earner benefit, as she did not provide compelling evidence comparing her pre- and post-accident activities to establish a complete inability to carry on a normal life.

The Tribunal also denied the claim for attendant care benefits because the applicant failed to prove that any such expenses were incurred.

Claims for an award and interest were dismissed, and the respondent's request for costs was denied.

The applicant sought various statutory accident benefits following a motor vehicle accident, including attendant care benefits, medical benefits, and an award for unreasonable delay.

The adjudicator found that the applicant was not entitled to attendant care benefits, orthotics, an orthopaedic assessment, or a Functional Abilities Evaluation, as they were not proven to be reasonable and necessary.

However, the applicant was awarded the balance of a psychological assessment and medication expenses.

Additionally, the adjudicator found that the respondent failed to provide proper notice under s. 38(8) of the Schedule for a chiropractic treatment plan, making the respondent liable for incurred costs during the period of non-compliance.

The claim for an award under Regulation 664 was dismissed.