The applicant was injured in a motor vehicle accident while driving a tractor-trailer in Ohio, resulting in a collision that killed one person.
He was convicted of vehicular manslaughter and vehicular assault in the US.
He applied for statutory accident benefits.
The insurer denied housekeeping benefits based on the criminal conviction exclusion in s. 30 of the Schedule.
The arbitrator upheld this exclusion, finding it applies to convictions in any jurisdiction.
The arbitrator also dismissed the claims for caregiver and attendant care benefits, finding the applicant was not the primary caregiver before the accident and did not suffer a substantial inability to perform his pre-accident activities, relying heavily on surveillance video showing him performing strenuous truck repairs.
However, the arbitrator ordered the insurer to pay for previously approved medical treatment and assessments, and granted a special award against the insurer for unreasonably withholding these payments.
