Applicant awarded ongoing income replacement benefits and partial housekeeping benefits; other claims dismissed.
The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including income replacement, attendant care, housekeeping, and medical benefits.
The arbitrator found that the applicant's left knee impairment was caused by the accident, despite pre-existing arthritis, and that his ongoing impairments rendered him completely unable to engage in any suitable employment, entitling him to ongoing income replacement benefits.
Claims for attendant care and medical benefits were dismissed as the applicant was independent in self-care and the proposed treatments were not reasonable and necessary.
Housekeeping benefits were granted in part.
The arbitrator also awarded interest at the rate of 2% per month under the Old SABS, finding that the transitional provisions of the New SABS did not erode the right to the old interest rate for benefits that became overdue.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 13, 2012
