George Gage

The appellant, who suffered a severe brain injury after being struck by an automobile, appealed an arbitrator's decision limiting her attendant care benefits to the minimum hourly wage for Level II care under the SABS-1994.

The insurer cross-appealed the finding that the appellant qualified for education disability benefits despite having withdrawn from high school prior to the accident.

The Director's Delegate dismissed both the appeal and cross-appeal, finding that the regulation strictly limited Level II attendant care to the minimum wage, and that the appellant's withdrawal from school less than a year before the accident satisfied the criteria for having 'completed her education' under the schedule.

The applicant was severely injured in a 1995 motor vehicle accident and required 24-hour skilled supervisory attendant care.

In a preliminary issues hearing, the arbitrator determined that the applicant could not access funding for skilled supervisory care under Level I or Level III of Form 1, as the categories in Form 1 are exhaustive and do not include psychological supervisory care under Level III.

The arbitrator also held that the hourly rates set out in section 50(10) of the Statutory Accident Benefits Schedule are fixed rates, not minimums, though "stacking" of care by multiple attendants is permissible to reach the maximum monthly limits.

Finally, the arbitrator found that the applicant, who had withdrawn from high school within a year prior to the accident, could qualify for education disability benefits and have her pre-accident earning capacity calculated under section 29(5).