The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment.
The tribunal held a preliminary issue hearing to determine which version of the Statutory Accident Benefits Schedule applied to the applicant's transitional policy, and whether her claims were statute-barred.
The adjudicator found that the 2016 Schedule's definition of catastrophic impairment applied.
Applying section 7 of the Licence Appeal Tribunal Act, the adjudicator declined to extend the limitation period for the applicant's income replacement benefits claim due to incurable prejudice to the insurer, but extended the limitation period for her medical and rehabilitation benefits claims.
