2 total
Application for accident benefits dismissed as statute-barred due to unexcused nine-month delay in submitting OCF-1.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent denied benefits and closed the file after the applicant failed to submit a completed OCF-1 application within 30 days of receiving the forms.
The applicant submitted the OCF-1 over nine months late, citing language barriers and his daughter's personal issues as reasons for the delay.
The Tribunal found the explanation unreasonable, noting the applicant's prior experience with accident benefits and the daughter's ongoing communication with the adjuster.
The application was dismissed as statute-barred under section 55(1)1 of the Schedule.
The respondent denied benefits because the applicant failed to submit an application for benefits (OCF-1) within the 30-day time limit prescribed by section 32(5) of the Schedule.
The applicant submitted the form over nine months late, arguing that language barriers and family issues provided a reasonable explanation for the delay.
The Tribunal applied the Horvath test and found the explanation unreasonable, noting the applicant's daughter had communicated with the insurer multiple times and the applicant was familiar with the process from a prior accident.
The Tribunal concluded the applicant was statute-barred under section 55(1)1 of the Schedule and dismissed the application.
