H. Jason Hickman

The applicant sought statutory accident benefits following a motor vehicle accident.

The respondent denied benefits and requested the applicant attend insurer's examinations under section 44 of the Schedule.

The applicant failed to attend, arguing she did not receive the notices due to a change of address.

The Tribunal found the notices were properly served on the applicant's legal representative.

As the applicant failed to comply with section 44, she was barred from proceeding with her application under section 55 of the Schedule.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought income replacement benefits, which the insurer denied.

The insurer raised a preliminary issue, arguing the applicant's appeal should be barred under section 55(1) of the Statutory Accident Benefits Schedule because he refused to attend further insurer's examinations (IEs).

The Tribunal applied the Al-Shimasawi factors and found the requested IEs were not reasonably necessary, noting they were requested at the '11th hour' before the hearing and without sufficient evidence of new medical information.

The Tribunal held the applicant was entitled to refuse attendance and allowed the appeal to proceed.

The applicant's request for costs was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident in November 2014.

At the in-person hearing before the Licence Appeal Tribunal, the applicant withdrew her claim for an award under section 10 of Ontario Regulation 664, and the parties settled all remaining issues.

The Tribunal closed the file.

The insurer sought its expenses of $4,351.51 for a preliminary issue arbitration hearing after successfully appealing the initial decision.

The original arbitration decision allowed a third-party insurer to proceed with a claim in the applicant's name, but this was overturned on appeal.

The arbitrator found that the issue in dispute was novel and that the third-party insurer was entirely successful at the original hearing.

The arbitrator concluded that the insurer's subsequent success on appeal did not negate the third-party insurer's success at the preliminary hearing, and ordered each party to bear their own expenses.

Following a successful appeal regarding the validity of an assignment of statutory accident benefits, the appellant insurer sought its legal fees and disbursements.

The Director's Delegate found that the appellant was successful on the novel issue of the assignment's validity.

Applying the criteria for awarding expenses, the Director's Delegate awarded the appellant $4,700 in legal fees and disbursements.