elude that Lisa needed 16 hours a day of attendant care. Additionally, he recommended that a licensed practical nurse “be available to change the Foley catheter, to supervise the attendant care so that is done effectively or at any time that [Lisa] runs into respiratory, skin, autonomic or GU complications.” Joint Appendix at 473a.
Lisa’s mother, Anna Rose Obusek, is a high school graduate who worked as a part-time bookkeeper before Lisa’s accident. She is not a registered nurse or a licensed practical nurse and she does not have a license or certification in either medical or rehabilitative care. However, hospital staff advised Mrs. Obusek on Lisa’s care in the months immediately following Lisa’s accident, and Mrs. Obusek has provided the attendant care and services Lisa has needed to survive since then. This care includes preparation of meals; setting-up of eating utensils; cleaning-up after meals, assisting with drinking and taking medication; transferring Lisa between bed and wheelchair; dressing and undressing; assisting with Lisa’s personal hygiene and grooming; changing, emptying and cleaning the urine bags; bowel stimulation; range-of-motion exercises; changing and sterilizing the Foley catheter; cleaning the bedroom; assisting in the use of exercise equipment; turning Lisa in bed at night; doing laundry; and providing maintenance of wheelchairs.
B. Procedural History
Neither Lisa, nor the driver of the car she was riding in had automobile insurance at the time of the accident. Therefore, Lisa filed an application for no-fault benefits with Pennsylvania’s Assigned Claims Plan. The Assigned Claims Plan is an entity created pursuant to section 108 of the No-Fault Act, 40 Pa.C.S.A. § 1009.108, (repealed), to provide basic no-fault loss benefits to victims of motor vehicle accidents who have no other source of basic loss benefit coverage. The Plan initially assigned Lisa’s claim to Allstate Insurance Company for evaluation and processing. Lisa requested coverage for all “products, services and accommodations” required for her “maximum feasible restoration/rehabilitation” pursuant to the No-Fault Act, including modifications to her parents’ home, a modified van to allow for transportation, and 24 hour a day attendant care services.
Allstate initially denied Lisa’s claim for basic loss benefits, and she responded by suing Allstate in the Court of Common Pleas of Allegheny County. Obusek v. Allstate Insurance Company, No. G.D. 79-27948 (C.P.Alleg.Cty.1979). That matter was not litigated, however, because a settlement was reached whereby. Allstate agreed to pay a variety of benefits, including the cost of building an addition to the Obusek home. Allstate also agreed to pay $40.20 per day for the 24 hour attendant care services provided by Mrs. Obusek and other family members. Those payments were to continue for 18 months and the parties were then to be free to negotiate further payments.
When the 18 month period expired in August of 1982, Allstate agreed to continue paying at an increased per diem rate of $45.79. The original agreement was extended in all other respects for an additional two years, until August 25, 1984. At the conclusion of that two year period, a third agreement was negotiated wherein the per diem was increased to $125, or $45,625 per year, for a period of four years — until August 25, 1988. The third agreement also provided that upon its expiration, the parties would each:
have the right to request an increase or decrease in these payments.... should the parties be unable to reach such an agreement, each party will have the right to seek to resolve this issue through appropriate litigation pursuant to the Pennsylvania No-Fault Act.
Allstate also agreed to continue to pay the $125 per day, augmented annually by the increase in the consumer price index in the event of litigation.
In January of 1987, the Plan assigned Lisa’s claim to Travelers, and Travelers began making the attendant care services payments. As of August, 1988, the insurance companies had paid more than $239,800 to the Obuseks for the services provided by Lisa’s mother.