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C.C. v. Erie Mutual Insurance Company (18-010778)

  • January 7, 2020

The claimant sought entitlement to NEBs and ACBs. Adjudicator Boyce dismissed the claims. He held that the claimant failed to place sufficient evidence before Tribunal regarding her pre-accident activities, her post-accident activities, the changes she experienced because of the accident, and the activities she placed most importance on. Further, the evidence available suggested that the claimant continued to maintain independence with self-care and activities of daily living. Surveillance showed her engaging in normal activities as well. In terms of the claim for ACBs, Adjudicator Boyce concluded that the claimant’s own self-reporting did not support the need for personal care. There was also no evidence of personal care services being incurred.

Full decision here

TGP Analysis

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  • FILED UNDER Non-Earner Benefits, Attendant Care Benefits
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