Attendant care benefits increased on appeal after finding errors in law regarding hygiene cuing and meal preparation.
The Appellant appealed an arbitration decision denying his claim for Botox injections and limiting his attendant care benefits following a 2003 motor vehicle accident.
The Director's Delegate dismissed the appeal regarding the Botox injections, finding no error of law in the Arbitrator's weighing of the medical evidence.
However, the Delegate found two errors of law in the Arbitrator's assessment of attendant care benefits: mischaracterizing hygiene cuing as housekeeping, and incorrectly interpreting section 16 of the Schedule to deny meal preparation assistance simply because the Appellant's wife performed that task prior to the accident.
The Delegate varied the order, increasing the Appellant's monthly attendant care benefits by $500.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 7, 2016
