Alysia Christiaen

The applicant witnessed the aftermath of a motor vehicle accident involving his family members and sought statutory accident benefits for psychological impairments two years later.

The insurer denied the claim on the basis that the applicant failed to notify it of his intention to apply within the prescribed seven-day period under section 32 of the Schedule.

The Tribunal found that the applicant had sufficient knowledge and ability to apply earlier and failed to provide a reasonable explanation for the delay under section 34.

The Tribunal concluded that the prejudice to the insurer outweighed any hardship to the applicant, and therefore the applicant was statute-barred from proceeding with his claim.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for occupational therapy and physiotherapy treatment plans.

The respondent denied the claims on the basis that the treatments were not reasonable and necessary.

At the hearing, the respondent raised a preliminary issue to exclude the applicant's affidavit, which the adjudicator dismissed, allowing the affidavit into evidence.

On the substantive issues, the adjudicator found that the applicant had reached maximum medical recovery and was able to perform her pre-accident activities, including full-time employment, without the need for further treatment.

The adjudicator concluded that the applicant failed to prove the treatment plans were reasonable and necessary, and dismissed the application.