Andrea R. Lim

The Applicant applied for statutory accident benefits following a motor vehicle accident.

The Insurer denied claims for a non-earner benefit and medical benefits.

The Applicant failed to attend the arbitration hearing.

As the Applicant bore the burden of proof and presented no evidence, her claims were dismissed.

The Insurer was awarded its expenses of the arbitration fixed at $2,846.93 due to the Applicant's conduct prolonging the proceeding.

The applicants sought accident benefits following two motor vehicle accidents.

The insurer scheduled examinations under section 44 of the Statutory Accident Benefits Schedule, but the applicants failed to attend, insisting on the presence of a Ministry of the Attorney General accredited interpreter.

The arbitrator held that there is no requirement for a MAG accredited interpreter, only a competent and independent one.

Because the applicants failed to attend the required examinations, they were precluded by section 55.2 of the Schedule from mediating and arbitrating their claims.