Arbitrator awards partial attendant care and housekeeping benefits for accident-induced reflex sympathetic dystrophy.
The applicant was struck by a motor vehicle as a pedestrian and claimed statutory accident benefits for an orthopaedic mattress, motorized wheelchair, attendant care, and housekeeping expenses.
The insurer terminated benefits, arguing the applicant's ongoing symptoms were due to a pre-existing dependent personality and inactivity rather than the accident.
The arbitrator found the applicant suffered from reflex sympathetic dystrophy (RSD) triggered by the accident.
The arbitrator awarded the wheelchair rental cost and ongoing attendant care and housekeeping benefits at a reduced rate (50%), reflecting the applicant's pre-existing reliance on his family, but denied the claim for an orthopaedic mattress.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 1, 1998
