Gus Triantafilopoulos

The applicant sought statutory accident benefits for psychological injuries sustained following the death of her common law spouse, who was killed while riding an uninsured e-bike.

The respondent denied the benefits on the basis that the applicant was not an 'insured person' under section 3(1) of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant did not meet any of the criteria under section 3(1), as she was not a named insured, a specified driver, a spouse or dependant of a named insured, nor was she involved in the accident or an occupant of the vehicle.

The application was dismissed.

The applicant requested a reconsideration of a Licence Appeal Tribunal decision that denied an award and costs.

The applicant argued the Tribunal violated procedural fairness by allowing the respondent to submit case law after the hearing closed, demonstrated bias, and misinterpreted sections of the Statutory Accident Benefits Schedule.

The adjudicator dismissed the reconsideration, finding that the late case law was not relied upon in the original decision, the bias allegation was unsubstantiated, and the applicant was merely attempting to re-litigate the original findings.