Appeals : Arbitrator
Decisions : #20 - November 5th, 2001
D E C I S I O N
On July 26, 2001, the Administrator denied the Claimant's
request on behalf of the deceased's estate for compensation
as a Primarily-Infected Person pursuant to the Transfused
HCV Plan on the basis that the Claimant had not provided sufficient
evidence to support her claim that HCV caused the death of
the HCV Infected Person.
In September, 2001, the Claimant waived the right to an oral
hearing by a Referee, and acceded to a decision of an Arbitrator
based on a review of written submissions.
The Claimant requested the Arbitrator review all the materials
in her claim file from The 86-90 Hepatitis C Claims Centre.
On October 29, 2001, Fund Counsel advised it would make
no written submissions.
In the General Claimant Information Form, the Claimant asserted
that she was the HCV Personal Representative of a person she
believed to be infected with the Hepatitis C virus through
a blood transfusion received in Canada between January 1,
1986 and July 1, 1990.
The following facts are not disputed:
The hospital operative notes indicate that the deceased
was admitted to hospital on January 13, 1990 with a past
long complicated medical history of cardiac problems and
a past history of hepatitis prior to the surgery.
The deceased received 5 units of Transfused Blood during
surgery between January 25-27, 1990 at the Lethbridge Regional
Hospital.
The deceased died on November 18, 1990 due to enumerated
causes which did not include mention of hepatitis of any
kind.
The Claimant did not know the cause of death.
The deceased was never tested for Hepatitis C.
Article 3.05 (1a) of the Settlement Agreement provides:
(1) A person claiming to be the HCV Personal Representative
of a HCV Infected Person who has died must deliver to the
Administrator,
(a) proof that the death of the HCV Infected Person was
caused by his or her infection with HCV;
I uphold the Administrator's denial of the Claimant's request
for compensation for the following reasons:
The medical records reveal that the deceased had a past
history of hepatitis before the subject transfusion;
The medical records list certain causes of death that
do not include mention of hepatitis.
The deceased was never diagnosed with Hepatitis C.
By reason of the foregoing, she cannot provide the proof
required by Article 3.05(1) (a) that the deceased was an
HCV Infected Person or that his death was caused by his
infection with HCV.
An Arbitrator has no authority to alter or disregard the
terms of the Plans.
Dated at Edmonton, Alberta, this 5th day of November, 2001.
__________________________________
Shelley L. Miller, Q.C.
Arbitrator
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