The claimant and the insurer agreed that the claimant was medically entitled to attendant care benefits; the dispute pertained to the quantum. The claimant’s entitlement was limited to the amount of economic loss sustained by his service provider mother. At the time of the accident, his mother was unemployed, but looking for work. The claimant argued that the economic loss should be equal to the income his mother earned in her last pre-accident employment. Adjudicator Sewrattan dismissed the claim for attendant care, and held that there was no evidence that the claimant’s mother would have found employment, or that she would have been able to work in a similar job.
Menu