The appellant appealed a Licence Appeal Tribunal decision that dismissed her application for statutory accident benefits due to her failure to provide a reasonable explanation for notifying the insurer outside the prescribed timelines.
The Divisional Court found that the Tribunal erred in law by failing to consider the appellant's argument that section 32(10) of the Statutory Accident Benefits Schedule provides the only consequence for late delivery of an application without a reasonable excuse, and by incorrectly concluding this was a new issue on reconsideration.
The appeal was allowed and the matter remitted to the Tribunal for a new hearing.
