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Appeals: Confirmed Referee Decisions : #156 - August 15, 2004

D E C I S I O N

1. The Claimant submitted an application for compensation as a Primarily Infected Person under the Transfused HCV Plan (“the Plan"), as set out under the terms of the 1986-1990 Hepatitis C Settlement Agreement (“the Settlement Agreement").

2. By letter dated October 16, 2003, the Administrator denied his claim on the basis that the Claimant did not provide sufficient evidence to support his claim that he received blood during the period from January 1, 1986 - July 1, 1990 ("the Class Period").

3. The Claimant requested that a Referee review the decision of the Administrator in an in-person hearing.

4. The hearing date of August 13, 2004, Ontario was agreed to by the parties and a formal notice of the hearing was sent to both parties on June 21, 2004. There was no indication the notice had not been received by the Applicant, and he did not communicate that he was unable to attend the hearing.

5. The Applicant did not attend the hearing. After waiting one half hour to give the Applicant an opportunity to attend, in the event he had been delayed, his appeal was deemed to have been abandoned.

DISPOSITION:

6. The appeal is dismissed.

DATED AT TORONTO, THIS 15TH DAY OF AUGUST, 2004.

Tanja Wacyk, Referee

 

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