Following her removal from the MIG, the claimant sought entitlement to ACBs. The claimant conceded that she did not incur and attendant care expenses, but argued that the expenses should be deemed incurred because she was kept in the MIG until the Case Conference which was after the 104 week mark and the insurer failed to respond to her Form 1. Adjudicator Boyce rejected the claimant’s argument. He noted that the claimant was removed from the MIG due to psychological impairment, and she could not demonstrate how the impairment resulted in the need for dressing, and tub transfers. The claimant had also reported to IE assessors that she was independent with personal activities of daily living. She also continued to work in a part-time position. Finally, the claimant did not demonstrate that she would have incurred attendant care expenses even if she had been removed from the MIG earlier.
Menu