Kiamehr Yazdani

The applicant was involved in a motor vehicle accident and sought statutory accident benefits nearly a year later.

The respondent denied the claim on the basis that the applicant failed to submit the application for benefits within the prescribed time limits under section 32 of the Schedule.

The applicant argued she had a reasonable explanation for the delay because her injuries were latent.

The Tribunal found the applicant's explanation was not credible, as medical records contradicted her claim that she was unaware of her injuries until months later.

The Tribunal held the applicant was statute-barred from proceeding with her application.

The applicant sought reconsideration of a Licence Appeal Tribunal decision that denied her claim for a non-earner benefit following a motor vehicle accident.

The applicant argued the Tribunal violated procedural fairness and erred in law by excluding the testimony and clinical notes of a medical witness, and by failing to consider other psychological evidence.

The Tribunal dismissed the request, finding that the medical witness was properly excluded due to the applicant's failure to provide prior notice, and that the original decision reasonably considered all relevant evidence in determining the applicant did not suffer a complete inability to carry on a normal life.

The applicant filed a Request for Reconsideration of a decision that dismissed his application for statutory accident benefits following a motor vehicle accident in Quebec.

The applicant alleged errors of law and fact and breaches of procedural fairness.

The adjudicator found that the applicant had a full opportunity to be heard and that no errors of law or fact were made in the original decision.

The request for reconsideration was dismissed.