Paul Girard

The applicant sought attendant care benefits following a motor vehicle accident, claiming his son provided care prior to the applicant's death from pre-existing cancer.

The insurer denied the claim because the applicant never submitted an Assessment of Attendant Care Needs (Form 1).

The Tribunal dismissed the application, holding that the submission of a Form 1 is a mandatory requirement under the Statutory Accident Benefits Schedule to establish entitlement to and the quantum of attendant care benefits.

Claims for a special award and costs were also dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer denied treatment plans on the basis that the injuries fell within the Minor Injury Guideline and required the applicant to attend insurer examinations under s. 44 of the Schedule.

The applicant failed to attend the examinations.

The insurer brought a preliminary issue arguing the application was barred under s. 55.

The Tribunal found the insurer's notices complied with s. 44 and the applicant's failure to attend barred her from proceeding.

The application was dismissed.

The insurer's request for costs was denied as the applicant's conduct was not unreasonable, frivolous, vexatious, or in bad faith.