Christopher Ferguson

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent insurer requested a stay of the applicant's appeal because she had refused to attend three scheduled insurer's examinations (IEs).

Before the preliminary issue was decided, the applicant agreed in writing to attend the rescheduled IEs.

The adjudicator found the preliminary issues moot but ordered that the applicant's appeal could not proceed unless she attended the scheduled IEs, and that she could not impose unauthorized preconditions on her attendance.

The applicant was injured in a motor vehicle accident and sought income replacement benefits.

The insurer terminated the benefits following an insurer's examination.

The applicant filed an appeal with the Licence Appeal Tribunal after the two-year limitation period expired.

The applicant argued the limitation period was void because the insurer failed to provide copies of the examination report to her health practitioners.

The Tribunal found the insurer was not required to provide the reports as it had not requested new disability certificates.

The Tribunal declined to extend the limitation period, finding no reasonable explanation for the delay and no bona fide intention to appeal within the time limit.

The appeal was dismissed as statute-barred.