Audrey Ramsay

The applicants were injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied various benefits, and the applicants subsequently applied for arbitration.

The insurer raised a preliminary issue that the applications for arbitration were statute-barred because they were commenced more than two years after the insurer's refusal to pay the benefits.

The arbitrator found that the insurer's denials were clear and unequivocal, constituting valid refusals that triggered the limitation periods.

As the applicants failed to commence mediation or arbitration within the two-year limitation periods, their claims for caregiver, attendant care, and housekeeping benefits were dismissed as statute-barred.

One applicant was permitted to proceed to arbitration solely on medical/rehabilitation benefits.

The applicant sought statutory accident benefits, including income replacement and housekeeping benefits, following a motor vehicle accident.

The insurer denied the claims, and the applicant applied for arbitration.

The arbitrator dismissed the application, finding the applicant lacked credibility regarding his pre-accident job duties and a pre-existing wrist injury.

The arbitrator preferred the evidence of the applicant's employer, who testified that the applicant's job was sedentary and did not involve the heavy tasks he claimed he could no longer perform.

The claims for income replacement, housekeeping benefits, and a special award were denied.