Arbitrator awards 24-hour attendant care and medical marijuana benefits to catastrophically impaired accident victim.
The applicant was catastrophically injured in a motor vehicle accident and sought various statutory accident benefits.
The arbitrator found that the insurer's notices terminating income replacement benefits were not clear and unequivocal, meaning the limitation period had not expired.
The arbitrator determined the applicant was an employee rather than self-employed at the time of the accident.
The applicant was awarded 24-hour attendant care benefits retroactive to the accident date due to severe cognitive and behavioural impairments, despite a delay in submitting the formal application.
The arbitrator also awarded housekeeping benefits, nutritional counselling, and medical benefits for the purchase of medical marijuana, finding that marijuana was not an experimental treatment in the specific circumstances of the applicant's brain injury and chronic pain.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 26, 2012
