The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer paid income replacement benefits, but the applicant claimed entitlement to higher education disability benefits (EDBs) because she was a hairstylist apprentice at the time of the accident.
The insurer argued she was employed and thus only entitled to income replacement benefits, and alternatively, that her claim for EDBs was barred by the two-year limitation period.
The arbitrator found that the applicant's apprenticeship constituted full-time enrollment in post-secondary education, qualifying her for EDBs.
The arbitrator also held that the insurer's explanation of assessment did not constitute a clear and unequivocal refusal of benefits, so the limitation period was not triggered and the claim was not statute-barred.
