Insurer ordered to fund laptop for rehabilitation; special award granted for unreasonable delay.
The applicant, who suffered serious injuries in a motor vehicle accident, sought funding for a MacIntosh laptop computer to assist with his university computer science studies as a rehabilitation measure under section 40 of the Statutory Accident Benefits Schedule.
The insurer agreed a computer was needed but argued an IBM-compatible desktop was sufficient.
The arbitrator found that a laptop was reasonably required due to the applicant's physical limitations, but agreed with the insurer's expert that an IBM-compatible machine was adequate for his coursework.
The arbitrator also granted a special award of 25% under section 282(10) of the Insurance Act, finding that the insurer unreasonably delayed providing the computer and failed to cooperate with the applicant's rehabilitation efforts.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 15, 1997
