The appellant insurer appealed a trial judgment ordering it to pay the respondent caregiver benefits, compound interest, and to provide an offer for loss of earning capacity benefits (LECB) following a motor vehicle accident.
The insurer had terminated caregiver benefits based on a Designated Assessment Centre (DAC) report.
The Court of Appeal upheld the trial judge's findings that the respondent remained substantially disabled from performing caregiving tasks and suffered a diminished earning capacity.
The Court also affirmed that the unpaid benefits were 'overdue' under the Statutory Accident Benefits Schedule, thereby attracting compound interest.
The appeal was dismissed.
