Lauren Bloom

The applicant sought statutory accident benefits for a medical account.

The applicant failed to attend multiple pre-hearing discussions.

The applicant's representative sought to withdraw from the proceeding without providing proper notice or obtaining consent.

The arbitrator denied the representative's request to withdraw, ordered the applicant to pay costs for non-attendance, and allowed the insurer to add an issue regarding the repayment of $1,900 in previously paid benefits.

The insurer appealed a preliminary decision holding that the insured's application for mediation was not time-barred.

The insurer had stopped paying income replacement benefits after receiving a report from a designated assessment centre stating the insured was no longer disabled.

The insurer argued the two-year limitation period began when it stopped payments.

The Director's Delegate dismissed the appeal, finding that the insurer must clearly and unequivocally communicate its refusal to pay benefits, including providing information about the dispute resolution procedure, to trigger the limitation period.

The insurer failed to prove it had done so more than two years before the mediation application.