2 total
Application for accident benefits dismissed as statute-barred due to unexplained five-month delay in reporting.
The applicant sought statutory accident benefits following a motor vehicle accident but failed to notify the insurer or submit an application within the time limits prescribed by section 32(1) of the Schedule.
The insurer raised a preliminary issue that the claim was statute-barred.
The Tribunal found that the applicant's ignorance of the law did not constitute a reasonable explanation for the five-month delay, and that the delay prejudiced the insurer's ability to investigate the claim contemporaneously.
The application was dismissed as statute-barred.
Application for accident benefits dismissed as applicant failed to prove injuries fell outside the Minor Injury Guideline.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
The Tribunal found that the applicant failed to provide sufficient medical evidence to prove his injuries extended beyond sprains and strains or that he suffered from chronic pain with a functional limitation.
Consequently, the applicant remained subject to the MIG and was not entitled to the disputed treatment plans, interest, or an award.
