The claimant was involved in a motor vehicle accident in 2015. As a result of the accident, she sustained multiple injuries, including a head injury with a GCS score of 5/15. The insurer determined the claimant had a catastrophic impairment as defined in the SABS. The claimant returned to work on a part-time basis in March 2016 and gradually increased her hours until she was working full-time, with accommodations. In 2018, the claimant submitted a Form 1 recommending attendant care services, which were denied on the basis that they were not reasonable and necessary. The claimant applied to the LAT seeking entitlement to ACBs. In addition, at the commencement of the hearing the claimant sought to add a claim for a special award to the issues in dispute. Vice-Chair Johal found that the claim for ACBs was reasonable and necessary for the purpose of putting on and taking off the claimant’s shoes for 5 minutes per day. The remainder of the claimant’s Form 1 was found not to be reasonable and necessary. Vice-Chair Johal accepted testimony that cleaning the bathroom and bedroom is considered an attendant care service if it is in relation to extra cleaning needs due to accident-related injuries, and that the claimant was seeking housekeeping services for tasks that she normally completed prior to the accident (which are not attendant care services) rather than seeking attendant care assistance for additional cleaning needs. Vice-Chair Johal further found that the evidence did not suggest the claimant was unable to perform the bedroom and bathroom cleaning tasks that she normally performed before the accident. Vice-Chair Johal allowed the claimant to add the claim for a special award to the issues in dispute at the outset of the hearing, against the objection of the insurer. However, the request for a special award was dismissed.
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