2 total
Application for accident benefits dismissed after applicant failed to attend the hearing and present evidence.
The applicant sought statutory accident benefits following a motor vehicle accident.
A three-day videoconference hearing was scheduled, but the applicant failed to attend.
The Tribunal confirmed that the applicant had received proper notice of the hearing.
Proceeding in the applicant's absence pursuant to section 7(1) of the Statutory Powers Procedure Act, the Tribunal found that the applicant failed to present any evidence or submissions to meet their onus of proving entitlement to the disputed benefits.
The application was dismissed.
Insurer ordered to pay 40% special award for unreasonably delaying removal of applicant from Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer initially limited the applicant to the Minor Injury Guideline (MIG) but removed her from the MIG and approved the disputed treatment plans shortly before the hearing.
The Tribunal found that the respondent had sufficient medical evidence, including a psychologist's report, to remove the applicant from the MIG months earlier.
The Tribunal held that the respondent's failure to adjust its position in light of this evidence was stubborn, unyielding, and unreasonable.
The applicant was awarded a special award of 40% of the delayed benefits, totaling $21,114.47, plus interest.
