The applicant was injured in a motor vehicle accident and received weekly caregiver benefits from the insurer.
The insurer terminated the benefits, and the applicant sought to elect to receive income replacement benefits instead.
The insurer argued that the applicant was deemed to have elected caregiver benefits under section 61(5) of the Statutory Accident Benefits Schedule because she failed to make an election within 30 days of receiving notice.
The arbitrator found that the insurer's letter did not constitute proper notice under section 61(2) because it did not advise the applicant of the requirement to choose between benefits or the consequences of failing to do so.
Therefore, the deemed election provision was not triggered, and the applicant was entitled to elect income replacement benefits.
