Louise Wall

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer, including attendant care benefits, medical benefits for an eye exam, and replacement costs for damaged clothing and prescription sunglasses.

The insurer denied the benefits.

The arbitrator found the applicant was entitled to attendant care benefits at the rate determined by the initial assessment, as the service provider had sustained an economic loss.

The arbitrator also awarded the costs of the eye exam and prescription sunglasses, but denied the clothing claims due to a lack of receipts.

Furthermore, the arbitrator ordered the insurer to pay a special award of 50% of the owing benefits, finding that the insurer had unreasonably withheld payment contrary to the Schedule and ignored evidence of the service provider's economic loss.