This is a preliminary issues decision addressing whether the claimant was barred from applying to the LAT for attendant care benefits under s. 55(3) of the SABS for failure to comply with s. 46.2(1) of the SABS (i.e., the duty of a provider to provide information). The insurer argued that there was non-compliance with s. 46.2(1) as the attendant care provider had failed to provide documents specifically outlined in a case conference order, including a CV, tax returns, an HST number, and a breakdown of attendant care services provided. The claimant argued that the insurer had been provided with sufficient information to determined that ACBs had been incurred. Adjudicator Kaur agreed with the claimant, finding there was sufficient information to determine ACBs had been incurred and that the insurer had received a breakdown of the types of services provided and the duration for each service. The claimant was not barred from proceeding to a LAT hearing.
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