By paNOW

SGI to pay $10,000 annually for man’s pool maintenance

Jan 17, 2014 | 1:53 AM

The Saskatchewan Court of Appeal has ruled the province’s government insurer must not only pay for the installation of a lap pool in the home of a car-crash victim, it must also pay to maintain it.

The court ruled that Saskatchewan Government Insurance (SGI) must pay to maintain Dennis Scott’s hydrotherapy pool after it paid $278,782 to install it in his home in Whitewood, Sask.

The settlement comes the same year SGI announced it would need to increase its rates by as much as 2.23 per cent after it needed to dip into its Rate Stabilization Reserve fund to make payments to customers.

Court documents say “water therapy became a significant part of (Scott’s) rehabilitation” after he suffered a broken neck and was left a partial quadriplegic when his car hit a moose on Highway 1 in December 2005.

Following extensive therapy at the Wascana Rehabilitation Centre in Regina for six months, Scott returned home but continued to travel 175 kilometres to Regina to receive treatment two times a week.

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Tired with the four hour round trip, Scott asked SGI to install the “medically advisable” pool in his home. SGI approved the pool and also agreed to pay an annual “recreation allowance” of $692.00 for maintenance and upkeep.

Scott appealed the allowance, arguing the actual maintenance costs for chemicals, heating and power were $10,000 annually.

The court ruled SGI must pay for all the maintenance costs because it approved the pool’s construction and admitted the pool was necessary or advisable for Scott’s rehabilitation.

The only exception is SGI is not required to pay the increase to Scott’s property taxes, brought on by the pool’s installation, or any increase to his home insurance.

“SGI shall pay Mr. Scott’s on-going operating costs for the pool as claimed by him, except for increased taxes and insurance, for so long as the pool is a necessary or advisable rehabilitative measure in accordance with the Act and Regulations,” the court said.

 “We respect the court’s decision on the matter,” SGI spokesperson Kelley Brinkworth said, adding SGI is working with the customers’ council to determine the specific amount to be paid out to Scott.

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