Dr. Jordan Palmer

The applicant sought reconsideration of a Tribunal decision that found his claim for Income Replacement Benefits was statute-barred and denied a medical benefit for physiotherapy services under the Minor Injury Guideline.

The applicant filed the reconsideration request past the 21-day deadline and sought an extension of time.

The adjudicator applied the Manuel factors and found that the applicant lacked a bona fide intention to appeal within the time limit and that the appeal lacked merit, as the applicant failed to provide sufficient medical evidence to prove his injuries fell outside the Minor Injury Guideline.

The request for an extension of time was denied, and the reconsideration request was dismissed.

The applicant was injured in a motor vehicle accident and sought an income replacement benefit (IRB) and medical benefits.

The respondent denied the claims.

The applicant appealed the IRB denial more than two years after the limitation period expired.

The Tribunal declined to extend the time to appeal under s. 7 of the Licence Appeal Tribunal Act, finding no bona fide intention to appeal, excessive delay, and lack of merit.

The Tribunal also dismissed the claim for physiotherapy services, finding the applicant's injuries fell within the Minor Injury Guideline and the treatment was not reasonable and necessary.

The insurer brought a motion arguing that the applicant's claim for a non-earner benefit was statute-barred because he failed to apply for mediation within two years of the insurer's refusal to pay.

The arbitrator found that the applicant had not actually applied for the non-earner benefit when the insurer issued its initial denial in 2013.

Therefore, the insurer could not validly refuse a benefit that had not been claimed.

The limitation period did not begin to run until the insurer's subsequent denial in 2015, making the applicant's mediation request timely.

The motion was dismissed.