Arbitrator awards attendant care benefits for orthopaedic injuries but dismisses claim for accident-related dementia.
The applicant, a 70-year-old pedestrian, was struck by a vehicle and sustained orthopaedic injuries.
She sought statutory accident benefits for attendant care and other services provided by her daughter.
The insurer disputed the quantum and causation, arguing the applicant's progressive dementia was not accident-related.
The arbitrator found the dementia was not caused by the accident but awarded attendant care and housekeeping benefits based on the applicant's accident-related orthopaedic impairments, increasing from 7 to 14 hours per week over time, payable at the minimum wage rate.
Claims for a special award were dismissed due to the applicant's misrepresentations regarding her daughter's lost income.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 18, 1998
