Mehrdad Salehi-Moghaddam

The applicant sought a non-earner benefit following a motor vehicle accident.

The insurer denied the benefit on the basis that the applicant was employed and entitled to an income replacement benefit instead.

The applicant applied to the Tribunal more than two years after the denial.

The Tribunal found that the insurer's denial was clear, unequivocal, and contained the required dispute resolution information, thereby triggering the two-year limitation period under s. 56 of the Schedule.

The Tribunal declined to extend the limitation period under s. 7 of the LAT Act, finding significant delay and prejudice to the insurer.

The application was dismissed as statute-barred.

The applicant sought statutory accident benefits following a 2014 motor vehicle accident.

The insurer denied the claims and the applicant applied to the Licence Appeal Tribunal.

The Tribunal found the applicant was barred from claiming a non-earner benefit because she failed to submit a disability certificate within 104 weeks of the accident.

The Tribunal also found the applicant was barred from claiming various treatment plans because she failed to dispute the insurer's valid denials within the two-year limitation period.

The Tribunal declined to extend the limitation period under section 7 of the Licence Appeal Tribunal Act, noting the applicant provided no evidence of an intention to appeal or explanation for the delay.

The application was dismissed.