Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims
Landmark NSW Decision: Dog Walking Costs Covered in Car Crash Injury Claims
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In a groundbreaking decision by the NSW Personal Injury Commission, an insurer has been directed to cover the costs of dog walking services for a car crash victim.
The commission ruled that these services classify as domestic assistance under the state’s Motor Accident Injuries Act.
This case could pave the way for broader interpretations of "attendant care services" for claimants.
The claimant, Jeffrey Forrest, sustained injuries to his neck, shoulder, arm, and hand following a rear-end car collision in 2020. His recovery was compounded by a diagnosis of post-traumatic stress disorder. Last September, he sought to include the expenses incurred from employing a dog walking service in his claim for statutory benefits from QBE, the compulsory third-party insurer. At that point, Forrest had accrued approximately $800 in dog walking fees.
Initially, QBE covered some of the dog walking expenses, paying $39.95 per session. However, they later rejected further claims, stating that after Forrest’s recovery from surgery in March, such expenses were neither "reasonable nor necessary." QBE contended that dog walking did not constitute treatment or typical care, making it ineligible under the "attendant care services" category.
In a decisive move, commission member Belinda Cassidy ruled that dog walking indeed fits the scope of attendant care services, which aim to assist with everyday tasks. She explained that such services encompass personal assistance, nursing, home maintenance, and domestic tasks. She clarified that "everyday" does not imply daily occurrence, establishing that dog walking is an intrinsic part of Forrest's domestic life for which he may need support.
The insurer, QBE, argued there was no proof that Forrest was responsible for dog walking duties before the accident. Ms Cassidy acknowledged this might influence a separate evaluation of the costs’ reasonableness. However, she highlighted the possibility that Forrest's family, particularly his wife, might lack the time now due to new responsibilities, thereby necessitating such services.
The decision has been sent back to the commission for further medical assessments to conclusively determine if the dog walking expenses are reasonable and necessary, along with a review of associated costs.
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