2 total
Weekly income benefits reinstated after brief return to work; rehabilitation course expense denied.
The applicant was injured in a motor vehicle accident while a passenger on a bus.
She received weekly income benefits until they were terminated by the insurer.
The applicant sought reinstatement of weekly income benefits and payment for a secretarial course as a rehabilitation expense.
The arbitrator found that the applicant did not suffer a substantial inability to perform her pre-accident employment immediately following the termination of benefits, but that a subsequent brief return to work exacerbated her condition, entitling her to benefits thereafter.
The claim for the cost of the secretarial course was dismissed as the applicant failed to prove it was a reasonable and suitable rehabilitation expense given her physical limitations.
Insurer must pay full cost of long-term care facility without deducting pre-accident rent.
The applicant was injured in a motor vehicle accident and required long-term care in a facility.
The insurer paid the facility's cost but deducted the amount the applicant paid for rent prior to the accident, arguing that paying the full amount would result in a windfall.
The arbitrator held that the accommodation expenses fell under section 7 of the Statutory Accident Benefits Schedule as care benefits.
The arbitrator found that the insurer was not entitled to deduct pre-accident housing costs, as the applicant's life had completely changed and the full cost of the facility was a reasonable expense resulting from the accident.
The applicant's claim for a special award was dismissed.
