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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