Application for attendant care benefits dismissed as statute-barred; subsequent catastrophic impairment finding does not restart limitation period.
The applicant sought Attendant Care Benefits following a motor vehicle accident.
The insurer denied the benefits after an insurer's examination assessed the needs at $0.00.
The applicant filed for mediation on other benefits but did not dispute the attendant care denial within the two-year limitation period.
Almost three years later, the applicant submitted new assessments and argued that a subsequent finding of catastrophic impairment restarted the limitation clock.
The Tribunal held that the initial denial was clear and unequivocal, triggering the limitation period.
The Tribunal found that subsequent applications and a change in circumstances do not restart the limitation clock, and therefore the applicant was precluded from proceeding with the claim.
OLATOntario Licence Appeal TribunalMay 5, 2017
