The claimant sought benefits, including increased monthly rental costs, home renovations and a wheelchair accessible vehicle, after sustaining a catastrophic impairment. Prior to the hearing, the insurer approved all treatment plans at issue, leaving only a special award in dispute. The claimant argued that they were entitled to a special award as the insurers adjusting of the claim was not timely and was inflexible. The LAT agreed and awarded the claimant a special award in the amount of 50% of the initially disputed OCF-18s and interest. In determining quantum, Adjudicator Hartwick considered a variety of factors, with emphasis placed on the insurers seeming indifference to the vulnerability of the claimant as well as the significant delay in adjusting the claim. The only mitigating factor considered for the insurer was that it chose to settle the issues prior to the hearing, though Adjudicator Hartwick highlighted that did not undo the blameworthiness of the insurers past conduct.
