The respondent was injured in a motor vehicle accident but delayed notifying her insurer of her claim for statutory accident benefits for 29 months.
The insurer denied the claim based on the delay.
At arbitration, the arbitrator found the respondent had a reasonable explanation for the delay due to the severe psychological toll of caring for her brain-injured, abusive husband.
The insurer appealed, arguing the arbitrator made findings of fact without evidence and erred in applying the reasonable explanation test.
The Director's Delegate dismissed the appeal, finding the arbitrator's decision was supported by objective evidence and did not constitute an error of law.
