The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent insurer argued the applicant was barred from proceeding to a hearing because the initial disability certificate (OCF-3) submitted did not support entitlement to the non-earner benefit.
The Tribunal found that the applicant had submitted a completed application, as the OCF-3 contained all required information for the insurer to make a decision, even if it did not support the claim.
The Tribunal held that whether the applicant meets the entitlement test is a substantive issue to be addressed at a hearing, and the applicant is not barred from proceeding.
