The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent brought a motion to dismiss the application for abandonment and sought costs, arguing the applicant failed to file his written submissions on time.
The Tribunal dismissed the motion, finding the delay was inadvertent and did not constitute abandonment or bad faith.
However, the Tribunal found that the applicant's written submissions were filed by a student-at-law who had not filed a Declaration of Representative as required by Rule 24.2 of the LAT Rules.
Consequently, the Tribunal could not recognize the representative or consider the applicant's submissions.
Without evidence or submissions, the applicant failed to meet his burden of proof, and the application for benefits was dismissed.