On October 31, 2014, Arbitrator Fadel released his decision in
Josey and Primmum Insurance Co.1 In this case,
the sole issue was whether the Applicant was entitled to attendant
care benefits.
It was agreed that the Applicant required attendant care as a
result of the injuries he sustained in the motor vehicle accident
on December 11, 2011. The quantum of the attendant care
benefit, if payable, was also not in dispute. The issue was
whether the Applicant had satisfied the definition of
"incurred" expenses as found in Section 3(7)(e) of the
Statutory Accident Benefits Schedule—Effective September
1, 20102 ("2010 Schedule").
The Applicant received attendant care services from his spouse,
who acted as a full-time caregiver to their three children before
the motor vehicle accident. As such, the Applicant argued
that his spouse was a person who provided care in the course of her
"employment, occupation, or profession", as per Section
3(7)(e); i.e. that his spouse was
