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Appeals : Confirmed Referee Decisions : #52 - July 4th, 2002

D E C I S I O N

Claimant #4356 is an Ontario resident who makes a claim as a Secondarily- Infected Person. He claims to have been infected with Hepatitis C by his sister, a haemophiliac. The Administrator denied the claim based on the definition of "Secondarily-Infected Person".

The definition found in Section 1.01 of the Settlement Agreement provides a very narrow window of eligibility. A Secondarily-Infected Person is restricted to a "Spouse of a Primarily-Infected Person or Opted-Out Primarily-Infected Person who is or was infected with HCV by such Primarily-Infected Person or Opted-Out Primarily-Infected Person" or a "Child of a HCV Infected Person or Opted-Out HCV Infected Person who is or was infected with HCV by such HCV Infected Person or Opted-Out HCV Infected Person".

I can understand the frustration of the claimant, but, regrettably, the definition of "Secondarily-Infected Person" does not extend to siblings. Because the claimant does not fall within the definition, I am bound to uphold the position of the Administrator and dismiss the claim.


Dated at Toronto, this 4th day of July 2002.




The Honourable Robert S. Montgomery Q.C.
Referee


 

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