The applicant requested a reconsideration of a Licence Appeal Tribunal decision which found that his injuries fell within the Minor Injury Guideline and that the respondent insurer had complied with the notice requirements under s. 38(8) of the Statutory Accident Benefits Schedule.
The applicant argued the adjudicator erred in law and fact by failing to apply the consequences of s. 38(11) and by failing to properly apply the principles from Hedley v. Aviva regarding boilerplate denial letters.
The Tribunal dismissed the request, finding that the adjudicator had considered Hedley and reasonably concluded that the denial letters, while generic, sufficiently cited a medical reason for denial.
The Tribunal held that the applicant was merely attempting to re-litigate the initial decision, which does not meet the high threshold for reconsideration.
