2 total
Appeal dismissed; appellant precluded from arbitration due to unexplained six-month delay in notifying insurer.
The appellant appealed an arbitrator's decision dismissing his claims for statutory accident benefits against the insurer.
The arbitrator had found that the appellant failed to commence mediation within the two-year limitation period.
On appeal, the Director's Delegate found that the appellant's failure to notify the insurer of the accident until six months after it occurred, without a reasonable explanation, was determinative and precluded him from proceeding to arbitration for any claims arising out of the accident.
The appeal was dismissed.
Accident benefits claims dismissed as statute-barred due to failure to commence mediation within two years.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer denied claims for non-earner, caregiving, housekeeping, and attendant care benefits.
The applicant failed to commence mediation within the two-year limitation period following the denials.
At a preliminary issue hearing, the arbitrator found that the applicant offered no reasonable explanation for the delay and had failed to provide the insurer with requested information to assess his claims.
The arbitrator dismissed the applicant's claims for benefits as statute-barred.
