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Applicant v. Toronto Transit Commission (17-005228)

  • September 19, 2018

The claimant sought entitlement to NEBs and ACBs. Adjudicator Parish dismissed all claims. She held that the claimant was still able to perform many of the activities she engage in prior to the accident, albeit with some pain and at a reduced frequency. Adjudicator Parish also reviewed surveillance which showed the claimant engaging in normal activities of daily living in her community and around her home. In terms of the ACBs claim, although the claimant would have required some assistance while her arm was in a cast, she was not entitled to ACBs prior to submission of the Form 1; for the period after the Form 1 was submitted, Adjudicator Parish held that the claimant did not require any assistance. Further, Adjudicator Parish noted that many of the services provided by the claimant’s friend were housekeeping chores rather than attendant care services.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Attendant Care Benefits
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