Attendant care benefits of $6,000 per month awarded for period of severe post-accident drug abuse.
The applicant sustained catastrophic injuries, including a traumatic brain injury, in a motor vehicle accident.
A dispute arose regarding the quantum of attendant care benefits under section 16 of the Statutory Accident Benefits Schedule.
The insurer reduced benefits from $6,000 to $2,132 per month, arguing the applicant's increased needs were due to post-accident drug abuse and traffic charges rather than the accident.
The arbitrator found the drug abuse was caused by the accident and that the applicant required 24-hour supervision until his rehabilitation stabilized in early 2011.
The applicant was awarded $6,000 per month for the disputed period up to March 2011, and $2,132 per month ongoing thereafter.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 16, 2012
