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Amorim v. Jevco Insurance (19-012408)

  • February 17, 2022

The claimant applied to the LAT seeking entitlement to attendant care benefits in the amount of $7,522.85 per month. The claimant was involved in a serious motor vehicle accident in 2012. In 2017, the insurer determined that the claimant was catastrophically impaired as a result of psychological impairments. The disputed attendant care services included feeding, cueing, medication management, and 22.7 hours per day for supervision. The primary issue was whether 24-hour per day supervision was reasonable and necessary. The applicant relied on testimony from multiple treating practitioners who noted that the claimant had severe panic attacks and bouts of rage when alone, and that he had been unable to stay in his home alone as a result. The insurer relied on experts, who recommended more intensive cognitive behavioral therapy rather than 24-hour supervision. Adjudicator Grieves found that the claimant had serious cognitive and psychological issues that resulted in safety concerns, and that the proposed attendant care services were reasonable and necessary, at least until recommended therapy was successful. The claimant was entitled to attendant care benefits up to the statutory maximum, inclusive of 24-hour supervision.

Full decision here

TGP Analysis

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  • FILED UNDER Attendant Care Benefits
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