Application for accident benefits dismissed as statute-barred; injuries found to fall within Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claims for non-earner benefits and various treatment plans.
The applicant applied to the Tribunal more than two years after receiving the denial notices.
The Tribunal found that the denial notices were clear and unequivocal, satisfying the requirements to trigger the limitation period under s. 56 of the Schedule.
Consequently, the applicant was statute-barred from proceeding with her claims.
Furthermore, the Tribunal determined that the applicant's injuries fell within the Minor Injury Guideline, as she failed to provide compelling evidence of a psychological impairment or pre-existing condition that would warrant removal from the guideline.
The claims for an award and interest were also dismissed.
OLATOntario Licence Appeal TribunalDec 5, 2024
