The applicant was injured in a motor vehicle accident and applied for statutory accident benefits from the insurer.
The insurer refused to pay benefits on the basis that the applicant provided late notice of his intention to claim benefits.
The applicant argued that his medical condition and reliance on counsel provided a reasonable explanation for the delay.
The arbitrator found that while the medical explanation was reasonable up until the time the applicant retained counsel, the simple reliance on counsel thereafter did not constitute a reasonable explanation.
The applicant was therefore precluded from proceeding to arbitration.
