L. Kathleen Watson

The respondent insurer requested a reconsideration of a preliminary issue decision that extended the limitation period for the applicant's claims for statutory accident benefits.

The adjudicator found that the Tribunal erred in law in determining it had jurisdiction under s. 7 of the Licence Appeal Tribunal Act to extend the limitation period in s. 56 of the Statutory Accident Benefits Schedule, because the limitation period is fixed by a regulation, not an Act.

The request for reconsideration was granted and the applicant's claims were dismissed.

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

The respondent denied several treatment and assessment plans on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found that the applicant failed to prove their psychological and chronic pain symptoms warranted removal from the MIG.

Furthermore, the applicant failed to establish that the disputed treatment and assessment plans were reasonable and necessary, and failed to exhaust collateral benefits for ambulance services.

The application was dismissed.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The respondent denied claims for non-earner benefits, attendant care benefits, and a neurological assessment.

The applicant filed an application for dispute resolution with the Licence Appeal Tribunal after the limitation period had expired.

The Tribunal applied the Manuel factors under section 7 of the Licence Appeal Tribunal Act and granted an extension of time, finding that the applicant had a bona fide intention to appeal, the delay was not significant, the respondent was not prejudiced, and the appeal had merit given the applicant's recent catastrophic impairment designation.