Tina D Radimisis

The applicant requested a reconsideration of a preliminary issue decision which found him statute-barred from proceeding with his application for accident benefits due to an unexplained delay.

The applicant argued the Tribunal breached procedural fairness and erred in law by failing to properly assess the credibility and reasonableness of his explanation for the delay.

The Tribunal dismissed the request, finding no evidence of procedural irregularities and concluding that the adjudicator correctly applied the legal test in determining the applicant's explanation was not credible.

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

The respondent insurer raised a preliminary issue that the applicant was barred from proceeding with her application because she failed to attend multiple scheduled insurer examinations to assess her entitlement to an income replacement benefit.

The Tribunal found that the respondent made numerous reasonable attempts to schedule and accommodate the applicant, who failed to attend without providing a reasonable excuse.

Given the extensive delay of over three years, the Tribunal held that the prejudice to the respondent could not be remedied by rescheduling.

The application was dismissed pursuant to section 55(1)2 of the Schedule.