Appeals : Confirmed
Referee Decisions : #34 - December 28, 2001
D E C I S I O N
In this case, the Claimant applied for compensation as a
Primarily-Infected Person on January 30, 2001. The Plans'
Administrator ("the Administrator") denied her claim
on March 19, 2001. The basis for the denial was the definition
of the word "blood" under the 1986-1990 Hepatitis
C Class Actions Settlement Agreement ("Settlement Agreement").
On March 26, 2001, the Claimant challenged this denial and
submitted a Request for Review before a referee. The hearing
took place on October 29, 2001 during which the Claimant and
her two witnesses testified as well as the Administrator's
representatives. At the hearing, it was admitted that the
Claimant was infected with the Hepatitis C virus and that,
according to documentation on file, she had received transfusions
during the Class Period. However, the product thus transfused
(IVIG - Intravenous immune globulin) is the Immunoglobuline
expressly excluded from the blood definition under the Settlement
Agreement reviewed in this arbitration case.
When this situation was explained to the Claimant, she requested
an adjournment of the hearing to undertake additional research
in order to bring additional evidence to this case as applicable.
She was therefore granted a stay of action until December
15, 2001 to do the required research.
However, by letter dated December 11, 2001, the Claimant's
brother, duly elected by her sister, informed the undersigned
that : " We have nothing new to bring forward that is
not already on the claim's file" .
In view of the above information, no additional evidence
was brought forward by one or the other of the parties.
Consequently, I conclude that the Administrator had no other
choice but to deny the Claimant's compensation application
based on the definition of the word "blood" under
the Settlement Agreement. I therefore uphold the Administrator's
decision of January 30, 2001.
Martin Hébert, QC
Referee
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