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J.P. v. Aviva General Insurance (19-004854)

  • May 5, 2020

The claimant sought attendant care benefits for two separate periods post-accident, a special award and interest on overdue payments. The insurer argued that the claimant failed to provide proof of expenses incurred for the periods claimed and his wife, who was a retired nurse at the time that she provided care to the claimant, failed to provide evidence of economic loss. Adjudicator Boyce held that the claimant was not entitled to attendant care for either period in dispute as the claimant had not shown that the service provider met the definition under the SABS or that the provider sustained an economic loss. Adjudicator Boyce also denied the claim for an award as he found no evidence of bad faith.

Full decision here

TGP Analysis

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  • FILED UNDER Attendant Care Benefits, Incurred Expense
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