Arbitrator awards retroactive attendant care benefits but dismisses claim for ongoing income replacement benefits.
The applicant, a pedestrian struck by a motor vehicle, sought statutory accident benefits including housekeeping, attendant care, and income replacement benefits.
The arbitrator dismissed the claim for housekeeping benefits as the insurer had already paid the amount claimed.
The arbitrator awarded attendant care benefits for the period before the applicant submitted the required Form 1, finding it was submitted within a reasonable time.
The claim for ongoing income replacement benefits was dismissed because the medical evidence, including reports from the applicant's own assessors, and the applicant's unreliable testimony failed to establish a substantial inability to perform the essential tasks of her pre-accident employment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 26, 2013