Appeals : Arbitrator Decisions : #43 - February 19th, 2002

D E C I S I O N

The class period is January 1, 1986 to July 1, 1990.

The evidence indicates that Claimant 1400448 was transfused with blood which had been collected during the class period but the transfusion did not occur until July 11, 1990 outside the class period.

The Administrator determined that Claimant 1400448, deceased, is not entitled to compensation under the Plan.

CONCLUSION

It is with considerable regret that I must agree with the decision of the Administrator. It seems unfair but the claims that are covered relate to a defined time period which cannot be extended.

Dated at Toronto, this 19th day of February 2002.

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The Honourable R.E. Holland, Q.C.
Referee