Attendant care benefits partially granted for temporary exacerbation of pre-existing stroke and psychological impairments.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including attendant care, non-earner benefits, and visitor's expenses.
The insurer denied the claims, arguing the applicant's impairments were due to a pre-existing stroke and longstanding psychological issues.
The arbitrator found that the accident temporarily exacerbated the applicant's pre-existing physical and psychological conditions, entitling her to attendant care benefits for the first three months post-accident and for assistance with a pool therapy program.
The claims for non-earner benefits and visitor's expenses were dismissed.
Interest was awarded on the overdue attendant care benefits.
Each party was ordered to bear its own arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 26, 2009
