The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including housekeeping and home maintenance services.
The insurer denied further housekeeping benefits on April 11, 2005, based on an occupational therapy assessment.
The applicant commenced mediation within the two-year limitation period but failed to apply for arbitration within 90 days of the mediator's report.
The arbitrator found that the insurer's refusal was clear, unequivocal, and provided sufficient reasons and notice of the dispute resolution process.
Consequently, the limitation period was triggered, and the applicant was precluded from proceeding to arbitration.