A.L. v. Aviva Insurance Canada (18-001867)

The claimant sought entitlement to ACBs, transportation expenses, and interest. Adjudicator Grant concluded that the claimant was entitled to attendant care benefits from February 22, 2016 to August 11, 2017 in diminishing amounts over that period. He found it unreasonable for the attendant care need to increase over time, and rejected the claimant’s Form 1s that increased over time. He also awarded the cost of transportation expenses in accordance with the Transportation Expense Guideline because the claimant suffered driving anxiety and was prohibited from driving while on pain medications. The awarded amounts were the amounts set out in the treatment plans, rather than the totals claimed by the claimant.