The Applicant was injured in a motor vehicle accident and sought caregiver and rehabilitation benefits under the Statutory Accident Benefits Schedule.
The Respondent denied caregiver benefits, arguing the Applicant did not reside with his parents and failed to provide proof of incurred expenses.
The Respondent also denied a rehabilitation benefit for an electric assist motor bicycle.
The Licence Appeal Tribunal found that the Applicant 'resided with' his parents based on a broad interpretation of the term, considering his intention and continuity of care, despite living 900 metres away.
The Tribunal also accepted cash payments to a former nanny as adequate proof of incurred expenses.
Finally, the Tribunal found the electric assist bicycle was a reasonable and necessary rehabilitation expense to help the Applicant return to his pre-accident cardiovascular activities while minimizing impact on his injuries.
The Applicant was awarded the claimed benefits and interest.
