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Arbitrator awards medical marijuana and attendant care benefits but denies non-earner benefits and catastrophic impairment designation.
John Biro was injured in a 2007 motor vehicle accident and sought various statutory accident benefits from Unica Insurance Inc., including non-earner benefits, attendant care, and medical benefits for medical marijuana.
Unica denied the benefits, arguing that his ongoing impairments were due to his pre-existing ankylosing spondylitis rather than the accident.
The arbitrator found that the accident materially contributed to the aggravation of his pre-existing condition.
The arbitrator denied the non-earner benefit, finding Mr. Biro was able to manage a complex medical marijuana growing enterprise.
However, the arbitrator awarded attendant care benefits for 104 weeks, medical benefits for psychological treatment, and $30 per day for medical marijuana, along with a special award for Unica's unreasonable withholding of the marijuana and psychological treatment benefits.
The arbitrator concluded Mr. Biro did not meet the threshold for catastrophic impairment.
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