The applicant was involved in a motor vehicle accident and initially returned to work, resulting in the respondent denying his claim for an income replacement benefit.
Nearly five years later, the applicant stopped working and submitted a new disability certificate, which the respondent denied as statute-barred under the two-year limitation period in section 56 of the Statutory Accident Benefits Schedule.
The Tribunal held that the principle of discoverability applied, as the applicant could not have discovered his claim while working.
In the alternative, the Tribunal exercised its discretion under section 7 of the Licence Appeal Tribunal Act, 1999 to extend the limitation period, finding the applicant's delay reasonable and the prejudice to the respondent minimal.
The preliminary issue was dismissed, allowing the claim to proceed to a full hearing.
