Insurer ordered to pay university residence fees as a reasonable rehabilitation expense for accident victim unable to commute.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits for university residence fees, arguing her injuries prevented her from commuting from home as originally planned.
The insurer paid for the first two years but disputed entitlement for subsequent years, alternatively arguing for a deduction of hypothetical commuting and meal costs.
The arbitrator found that the applicant's physical and psychological injuries, including whiplash and post-traumatic stress disorder, rendered her unable to commute daily.
The residence fees were deemed a reasonable rehabilitation expense under section 6 of the Statutory Accident Benefits Schedule.
The arbitrator also rejected the insurer's request to deduct hypothetical commuting costs, finding them speculative.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 31, 1994
