Applicant v. Echelon General Insurance Company (16-003153)

The claimant suffered a catastrophic impairment and sought attendant care and housekeeping benefits. The insurer took the position that the claimant was required to show proof of an incurred expense for each benefits pursuant to the 2010 SABS. The claimant argued that since the MVA took place before the 2010 SABS came into force, the requirements, or lack thereof, in the 1996 SABS applied. On review of the various legislative amendments and regulations, Adjudicator Deborah Neilson concluded the 1996 SABS applied to the claimant’s MVA.