Tom S. Yen

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

The respondent denied certain benefits, arguing the applicant's injuries fell within the Minor Injury Guideline.

The matter proceeded to a written hearing.

The self-represented applicant failed to file any submissions or evidence.

The Tribunal found that the applicant received proper notice and proceeded in her absence.

Because the applicant provided no submissions, she failed to meet her evidentiary burden to demonstrate entitlement to the claimed benefits or removal from the Minor Injury Guideline.

The application was dismissed.

Following an arbitration where the insurer successfully argued that the applicant's impairments fell within the Minor Injury Guideline, both parties sought their expenses of the proceeding.

The arbitrator awarded expenses to the insurer, noting its complete success on the issues in dispute and its reasonable offers to settle made well before the hearing.

The arbitrator rejected the applicant's arguments that the insurer engaged in sharp practice or that novel issues were raised.

The insurer's claimed costs were reduced to reflect a more reasonable preparation-to-hearing time ratio and to comply with the maximum allowable disbursements for expert witnesses and travel under the Expense Regulation.

The insurer was awarded $10,928.92 inclusive of HST and disbursements.