Safina Khan

The applicant sought a Non-Earner Benefit (NEB) following a motor vehicle accident but failed to submit a completed Disability Certificate (OCF-3) until 121 weeks after the accident.

The insurer denied the claim on the basis that the OCF-3 was submitted beyond the 104-week eligibility period.

The Tribunal held that the applicant was statute-barred from proceeding with the NEB claim under section 36 of the Schedule, as the benefit is not payable for any period prior to the submission of the OCF-3, and the 104-week eligibility period under section 12 had already expired.

The applicant's argument of having a reasonable explanation for the delay was rejected as irrelevant to the mandatory procedural requirements.

The applicant sought income replacement benefits following a motor vehicle accident.

The insurer denied the claim and the applicant filed an appeal with the Licence Appeal Tribunal more than two years after the denial.

The insurer raised a preliminary issue that the appeal was statute-barred.

The applicant argued the limitation period did not begin because the insurer's notice of denial referenced the former dispute resolution process.

The Tribunal found the notice was clear and compliant at the time it was issued, and the applicant failed to meet the criteria for an extension of time under section 7 of the Licence Appeal Tribunal Act.

The appeal was dismissed as statute-barred.

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

The respondent insurer denied the claims, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG) and were subject to the $3,500 limit.

The Licence Appeal Tribunal found that the applicant failed to prove her injuries were more than soft tissue in nature or that she had a pre-existing condition warranting removal from the MIG.

The Tribunal preferred the respondent's psychological assessment, which found no psychological impairment, over the applicant's evidence.

The application for benefits was dismissed.

The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer.

After failing to attend multiple scheduled pre-hearing discussions, the applicant's representative sought to be removed from the record, and the insurer moved to dismiss the application.

The arbitrator found that the applicant had been given notice but chose not to participate, rendering the proceeding frivolous or vexatious.

The application was dismissed, the representative was removed, and the applicant was ordered to pay $500 in expenses to the insurer for needless delay.