The claimant originally sought attendant care benefits on an ongoing basis. The initial adjudicator’s decision only addressed attendant care benefits up to the date of the hearing and held that the claimant was nominally entitled to $666.23 per month, but that no attendant care services had been incurred. The claimant sought reconsideration of that decision on the basis that he should be entitled to any incurred attendant care benefits beyond the date of the hearing. Executive Chair Lamoureux agreed with the claimant and held that the adjudicator’s failure to explicitly consider entitlement beyond the date of the hearing (a period that was set out in the Case Conference Order) was an error in law. She held that the claimant was entitled to attendant care benefits of up to $666.23 per month, provided the services were incurred. Because the claimant’s accident occurred in 2004, Executive Chair Lamoureux acknowledged that the stricter requirements of the 2010 SABS did not apply, but that the service at issue still needed to have been provided in order to be incurred under the 1996 SABS (relying upon the FSCO decision in McKnight v. Guarantee).
