The claimant was injured in a June 1999 accident. He applied to the Fund and received attendant care benefits for over one year, including supervisory 24-hour care. The Fund stopped payment of attendant care benefits without assessing the claimant in November 2000. The Fund acknowledged the error in over a decade later, and agreed to pay attendant care benefits for what was incurred. The claimant applied to the Tribunal, which awarded $120.40 per month in attendant care benefits. The claimant appealed the Tribunal’s decision and argued that a retroactive Form 1 of $5,575.31 per month ought to be paid. The Court granted the appeal and remitted the matter for a new hearing. The Court held that the Tribunal failed to properly grapple with the claimant’s need for supervisory care and emergency care. The fact that the claimant was able to live independently for extended lengths of time did not negate his supervisory needs, as shown by a few incidents in which the claimant suffered injury while alone. The Court also held that the adjudicator’s reliance on what services were provided in deciding what was reasonable was an error, as the 1996 SABS required payment of attendant care benefits for all reasonable services regardless of whether the services were provided or incurred.
