The applicant sought Non-Earner Benefits following a motor vehicle accident.
The respondent insurer argued the claim was barred by the two-year limitation period.
The Tribunal found the limitation period was never triggered because the insurer failed to issue a proper denial notice after receiving the applicant's OCF-3 disability certificate.
Due to the insurer's failure to comply with section 36(4) of the Statutory Accident Benefits Schedule, it was automatically liable to pay the benefits under section 36(6).
The Tribunal ordered the insurer to pay $19,240.00 in Non-Earner Benefits plus interest, but declined to grant an award under section 10 of Regulation 664, finding the insurer's mistake did not amount to unreasonable conduct.
