The applicant sought income replacement benefits following a motor vehicle accident.
The insurer brought a preliminary motion to preclude the appeal on the basis that the applicant failed to submit a Disability Certificate (OCF-3) within 104 weeks of the accident, as required by section 36 of the Statutory Accident Benefits Schedule.
The Tribunal found that the applicant failed to meet the strict requirements of section 36 and that the omission was not merely a technical breach.
The Tribunal also denied the applicant's request for relief from forfeiture under section 129 of the Insurance Act, finding the applicant's conduct unreasonable and noting the prejudice to the insurer.
The motion was granted and the appeal was precluded from proceeding.
