Insurer ordered to pay child care costs as rehabilitation benefits for injured foster parents, plus special award.
The applicants, an elderly couple who acted as foster parents, were injured in two motor vehicle accidents.
They applied for statutory accident benefits, including rehabilitation benefits for child care costs related to their foster children, and housekeeping benefits.
The insurer denied the claims, arguing that child care did not qualify as a rehabilitation expense and relying on surveillance and medical reports to dispute the housekeeping claims.
The arbitrator found that the child care expenses were reasonable and necessary to rehabilitate the applicants and allow them to reintegrate into their societal roles as foster parents.
The arbitrator also awarded the housekeeping benefits and ordered the insurer to pay a special award of $5,000 in total, finding that the insurer had unreasonably withheld payments, failed to communicate adequately, and treated the vulnerable applicants in a harsh and high-handed manner.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 18, 2008
