Arthur R. Camporese

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied a non-earner benefit based on an initial disability certificate indicating the applicant did not suffer a complete inability to carry on a normal life.

More than two years later, the applicant submitted a new disability certificate supporting a complete inability and sought to arbitrate the denial.

The insurer argued the arbitration was statute-barred by the two-year limitation period.

The arbitrator held that the initial denial was not a valid refusal because there was no valid application for a non-earner benefit at that time, as the applicant had accepted his doctor's opinion that he was ineligible.

Therefore, the limitation period did not commence, and the applicant was not precluded from proceeding to arbitration.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

Following an appeal that upheld a 50% special award but remitted the matter to determine exact quantum, the arbitrator determined the outstanding amounts.

The parties agreed on the outstanding caregiver and attendant care benefits.

The arbitrator held that the special award must be calculated on the total of outstanding benefits plus interest.

Furthermore, the arbitrator ruled that post-judgment interest on the award continues at the statutory rate of 2% per month compounded monthly under the Schedule, rather than the lower rate under the Courts of Justice Act.

The insurer was ordered to pay a total of $161,144.87.