Application for non-earner benefits dismissed for lack of medical evidence comparing pre- and post-accident functioning.
The applicant was involved in a motor vehicle accident and sought a non-earner benefit (NEB) under the Statutory Accident Benefits Schedule.
The respondent insurer argued the application was statute-barred because the applicant failed to submit the OCF-1 form within the required timeframe.
The Tribunal found the applicant was not statute-barred, as the respondent failed to prove it sent the blank OCF-1 form to the applicant's correct address, meaning the 30-day time limit was never triggered.
However, on the substantive issue, the Tribunal dismissed the claim for a NEB.
The applicant failed to provide sufficient medical evidence comparing his pre- and post-accident functioning to establish a complete inability to carry on a normal life within 104 weeks of the accident.
Claims for interest and an award were consequently dismissed.
OLATOntario Licence Appeal TribunalMar 14, 2025
