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Kalk v. Intact Insurance Company (20-002839)

  • June 2, 2022

The claimant sought catastrophic impairment designation, as well as entitlement to attendant care benefits and housekeeping benefits. The 24 year old claimant suffered numerous fractures as a result of a head-on collision, and required multiple surgeries and nearly two months in hospitals and in-patient rehabilitation. Vice Chair Shapiro found that the claimant was catastrophically impaired under Criterion 7, accepting that her combined physical impairments (49%) and psychological impairments (20%) produced a 59% WPI rating, which surpassed the Schedule’s 55% threshold. Vice Chair Shapiro accepted the claimant’s Form 1 in the amount of $1,667.10 per month, but noted that it struck him as “excessive”, and encouraged the parties to provide the claimant with occupational therapy assistance on further strategies to complete attendant care tasks herself, rather than requiring indefinite assistance. Vice Chair Shapiro further found that housekeeping benefits were payable at the rate of up to $100 per week.

Full decision here

TGP Analysis

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  • FILED UNDER Attendant Care Benefits, Catastrophic Impairment, Housekeeping Expenses
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