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Joslin-Mielke v Pembridge (19-012118)

  • June 27, 2022

The claimant applied to the LAT after a dispute regarding the appropriate quantum of ACBs. The claimant argued that due to the complexities of her injury and impaired mobility she would require emergency assistance throughout the night and when traveling within the community. The insurer had already made payment to the claimant for ACBs but denied that any further benefit had been incurred beyond the amount that had been paid. Adjudicator Reilly found that the claimant had not incurred addition ACBs. Section 3(7)(e) of the SABS provides the criteria that must be satisfied to prove that an expense has been incurred. The claimant failed to provide sufficient invoices or other evidence to support her position and the invoices which had been submitted failed to accurately document the services provided. The Tribunal has held that sufficient particulars must be provided to satisfy the criteria required for an incurred expense and that the claimant in this case failed to meet the established threshold.

Full decision here
Full decision here

TGP Analysis

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  • FILED UNDER Attendant Care Benefits, Incurred Expense
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© 2020 Thomas Gold Pettingill LLP