The claimant sought entitlement to ACBs. Adjudicator Norris found that the claimant was entitled to attendant care benefits, even though the claimant had returned to an intellectually challenging vocation (litigation lawyer) which required long work days. Since the evidence indicated that the claimant suffered ongoing fatigue as a result of a traumatic brain injury and other serious physical injuries, the claimant would require assistance with fatigue, memory loss, and irritability. However, Adjudicator Norris found that the claimant was not entitled to payment for any expenses to-date because expenses did not meet the definition of an “incurred expense”. Adjudicator Norris explained that neither service provider (his wife and his “house helper”) was doing so within the course of their employment, occupation, or profession.
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