The applicant sought payment for a non-earner benefit following a motor vehicle accident.
The insurer denied the benefit, arguing the applicant failed to submit a completed disability certificate within the required timeframe under section 36(2) of the Statutory Accident Benefits Schedule.
In a preliminary issue hearing, the adjudicator found that the applicant had submitted the certificate, noting the insurer had paid the invoice for its completion and likely misplaced the document.
The adjudicator ruled the applicant was not precluded from claiming the benefit.
The applicant's request for costs was denied as the insurer's actions did not amount to bad faith.
