Applicant entitled to attendant care benefits from two accidents, subject to deduction to prevent double recovery.
The applicant was involved in two serious motor vehicle accidents, the first in December 2010 and the second in June 2011, which rendered him a paraplegic.
He applied for attendant care benefits from the Motor Vehicle Accident Claims Fund for the first accident while receiving benefits from another insurer for the second.
The arbitrator found the applicant was not entitled to benefits for the period between the two accidents because he failed to prove the expenses were incurred and the Fund did not unreasonably withhold payment.
For the period after the second accident, the arbitrator determined the applicant required 24-hour care and was entitled to $9,432.25 per month, subject to deduction of amounts received from the other insurer to prevent double recovery.
Claims for retroactive benefits, hospital stay benefits, interest, and a special award were dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 5, 2014
