Allen Wynperle

The appellant sought to appeal an arbitration order that dismissed his claim for statutory accident benefits after he failed to attend the arbitration hearing.

The notice of appeal was filed almost five months after the order, well beyond the 30-day limit.

The appellant requested an extension of time under section 283(3) of the Insurance Act, claiming he missed the hearing because he was misinformed about an adjournment and subsequently suffered a breakdown.

The Director's Delegate rejected the appellant's explanation as not credible and found no apparent grounds for granting relief on the merits of the claim.

The motion to extend the time was denied and the appeal was dismissed.

The applicant was injured in two motor vehicle accidents in 1993 and received statutory accident benefits.

She returned to work as a secretary for several months before her temporary position ended, after which she sought further weekly income benefits, a medical rehabilitation case manager, and active physiotherapy.

The arbitrator dismissed the claim for weekly income benefits, finding that the applicant's soft tissue and finger injuries were relatively minor and did not disable her from performing the essential tasks of her employment.

The request for a case manager was also denied as unnecessary.

However, the arbitrator ordered the insurer to pay for four months of active physiotherapy and granted a special award of 10 per cent of the physiotherapy cost, finding that the insurer had unreasonably withheld payment for this "pay now, dispute later" benefit.