Ms. Arora

The applicant sought statutory accident benefits following a 2016 motor vehicle accident.

The Licence Appeal Tribunal found the applicant was barred from claiming a non-earner benefit because he failed to dispute the insurer's denial within the two-year limitation period.

The Tribunal also held that the applicant's injuries fell within the Minor Injury Guideline (MIG), as he failed to establish a pre-existing condition, chronic pain with functional impairment, or a psychological condition that would warrant removal.

Consequently, the disputed treatment plans were denied, and no award or interest was payable.

The appellant insurer appealed a Licence Appeal Tribunal reconsideration decision that upheld a finding that the respondent was catastrophically impaired and entitled to non-earner benefits following a motor vehicle accident.

The Divisional Court dismissed the appeal, finding that the appellant failed to identify any extricable error of law in the adjudicator's assessment of the medical evidence and whole person impairment ratings.

The Court also rejected the appellant's argument that the adjudicator lacked jurisdiction to hear the reconsideration request as a single member of the original two-member panel, noting that the Tribunal's rules permit such a procedure.