The appellant insurer appealed a License Appeal Tribunal decision reinstating the respondent's Income Replacement Benefits.
The benefits had been suspended after the respondent failed to provide requested medical records.
The Tribunal found the respondent had a 'reasonable explanation' for the delay under s. 33(8)(b) of the Statutory Accident Benefits Schedule.
The Divisional Court dismissed the appeal, holding that the Adjudicator applied the correct legal test for 'reasonable explanation' by considering both objective and subjective factors, and provided adequate reasons for the decision.
