Riley W. McIntyre

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

The respondent insurer denied the claims, and the applicant applied to the Tribunal more than two years after the denials.

The preliminary issue was whether the claims were statute-barred under s. 56 of the Schedule.

The Tribunal found that the denial notice for non-earner benefits was defective as it lacked specific medical reasons, meaning the limitation period was not triggered for that claim.

However, the denial notices for the treatment and assessment plans were valid and triggered the limitation period.

As the applicant did not file within two years and provided no grounds for an extension under s. 7 of the Licence Appeal Tribunal Act, the claims for the treatment and assessment plans were statute-barred.

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

The insurer denied the benefits, arguing the injuries fell within the Minor Injury Guideline and raising preliminary issues of non-compliance with s. 33 (failure to produce medical records) and s. 55 (failure to attend insurer examinations).

The Tribunal found the applicant failed to comply with s. 33 requests for medical records, relieving the insurer of liability to pay the disputed benefits.

Furthermore, the applicant failed to adduce evidence that his injuries fell outside the Minor Injury Guideline or that the requested treatment was reasonable and necessary.

The application was dismissed.