Gary William Sherwood

Following a decision denying the applicant statutory accident benefits due to an unexcused delay in notifying the insurer, the arbitrator considered the issue of expenses.

The arbitrator declined to award expenses to the applicant because he was unsuccessful and his evidence was unreliable.

The arbitrator also declined to award expenses to the insurer, noting that the applicant's position was not unreasonable, he had limited financial resources, and an award of expenses could deter meritorious claims.

Both parties were ordered to bear their own expenses.

The applicant was injured in a motor vehicle accident when struck as a pedestrian.

He failed to notify the insurer of his intention to claim statutory accident benefits until over two years after the accident.

The insurer refused to pay benefits on the basis of the delay.

The arbitrator found that the applicant did not have a reasonable excuse for the delay, noting his prior experience as a process server, the weakness of his excuse regarding the delayed realization of his injuries' severity, and the prejudice to the insurer's ability to participate in early rehabilitation and verify post-accident earnings.

The claim for accident benefits was dismissed.