Interim attendant care benefits awarded pending catastrophic impairment arbitration due to prima facie case and hardship.
The applicant, a wheelchair user, was injured when a bus stopped suddenly.
The insurer terminated attendant care and housekeeping benefits after 104 weeks, finding she did not suffer a catastrophic impairment.
The applicant brought a motion for interim benefits pending arbitration.
The arbitrator found the applicant established a prima facie case that she suffered a total and permanent loss of use of her left arm, meeting the catastrophic impairment definition.
The arbitrator also found urgency and hardship, as the applicant required additional attendant care following her husband's death to avoid moving to a long-term care facility.
Interim attendant care benefits of $1,117.25 per month were awarded, but interim housekeeping benefits were denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 13, 2014
