Joseph J. Rizzotto

The applicant, who sustained severe quadriplegia in a motor vehicle accident, resided in a chronic care facility.

His family provided additional necessary attendant care services because the facility's care was insufficient.

The insurer argued that under section 16(2) of the Statutory Accident Benefits Schedule, it was only required to pay for either an aide or a long-term care facility, but not both, interpreting the word 'or' exclusively.

The arbitrator held that 'or' should be read inclusively in the context of the legislative scheme and the remedial nature of the statute.

The insurer was ordered to pay attendant care expenses incurred concurrently under both subsections.

The applicant was injured in a motor vehicle accident and received weekly income benefits for three years.

The insurer terminated benefits, arguing she was no longer substantially unable to perform the essential tasks of her employment and lacked motivation to return to work.

The arbitrator found that the applicant suffered from post-traumatic stress disorder, depression, anxiety, and chronic pain as a result of the accident.

Based on medical and psychological evidence, the arbitrator concluded that the applicant's physical and psychological limitations continuously prevented her from engaging in any suitable occupation or employment.

The applicant was awarded ongoing weekly income benefits and interest.