Attendant care benefits awarded at $649.52 per month; claim for 24-hour care rejected.
The applicant was injured in a motor vehicle accident in 1998, sustaining a traumatic brain injury.
She applied for arbitration after a dispute with her insurer over the quantum of attendant care benefits.
The applicant claimed she required 24-hour care due to cognitive impairments and safety concerns, while the insurer argued she only required limited assistance.
The arbitrator found that while the applicant suffered from executive functioning impairments caused or exacerbated by the accident, she did not require around-the-clock care.
The arbitrator accepted the insurer's occupational therapist's assessment, awarding attendant care benefits of $649.52 per month, plus interest on overdue payments.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 17, 2009
