Appeals : Confirmed Referee Decisions : #33 - December 28, 2001

D E C I S I O N

On October 10, 2000, the Claimant submitted to the Plans' Administrator ("the Administrator") an application for compensation as a Primarily-Infected Person under the Transfused HCV Plan as set out under the 1986-1990 Hepatitis C Class Actions Settlement Agreement ("Settlement Agreement").

By letter dated August 30, 2001, the Administrator denied the claim because, as he understood, her claim fell outside the Class Period (i.e., January 1st, 1986 to July 1st, 1990). The Claimant challenged the decision and requested that the Administrator's denial of her claim be reviewed by a referee. The undersigned received the Request for Review and held a hearing on December 11, 2001 to examine the file.

At the hearing and in accordance with the documents on the current file, it was established that the Claimant had received transfusions in 1980, but none during the Class Period. The Claimant admitted that such facts were correct.

Under those circumstances, the Claimant was informed by the Administrator's representatives that she could explore other avenues for a claim submission before other jurisdictions. However, as for the application of the terms and conditions of the Settlement Agreement, I have no other choice but to deny the Claimant's Request for Review and to uphold the Administrator's decision of August 30, 2001.

Martin Hébert, QC
Referee