Toyoko Sameshima

The applicant, who suffered paraplegia in a motor vehicle accident, applied for statutory accident benefits.

The arbitrator found that the applicant was entitled to weekly income benefits post-156 weeks because her injuries continuously prevented her from engaging in substantially all of her pre-accident activities.

The arbitrator also awarded care benefits of $250 per week, finding that her husband reasonably lost this gross income in caring for her.

Claims for a new wheelchair, shower modifications, and counselling were granted as reasonable and necessary rehabilitation expenses, while claims for a new home, a modified van, and a power scooter were denied.

The applicant's request for a special award was dismissed as the insurer's conduct was not found to be unreasonable.

The applicant sustained a catastrophic brain injury in a motor vehicle accident and applied for statutory accident benefits.

The arbitrator held that the applicant was not entitled to care benefits in excess of the $3,000 monthly limit under section 7 of the Schedule, as the services provided by his family were 'care' rather than 'nursing' services.

However, the arbitrator found that the applicant's current inaccessible apartment was impeding his rehabilitation and ordered the insurer to provide rehabilitation benefits for accommodation with specific accessibility features, noting that purchasing and renovating a house was a reasonable option under section 6.

The arbitrator also granted a special award of $3,000 due to the insurer's unreasonable delay in paying certain medical and rehabilitation benefits.