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Applicant permitted to proceed with accident benefits claim after establishing reasonable explanation for late application.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent denied benefits on the basis that the applicant failed to notify it of the claim within seven days and failed to submit his OCF-1 application within 30 days.
At a preliminary issue hearing, the Tribunal found that the applicant had a reasonable explanation for both delays.
The applicant reasonably believed his counsel had notified the respondent, and he experienced delays in completing the OCF-1 due to medical referrals and a union strike at his employer.
The Tribunal concluded the applicant was not barred from proceeding with his claim.
