The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including non-earner benefits.
The insurer denied the non-earner benefits on October 28, 2011, after receiving insurer's examination reports.
The applicant applied for mediation for non-earner benefits on August 12, 2014, more than two years after the denial.
The arbitrator held that the applicant was precluded from proceeding to arbitration for non-earner benefits because she failed to commence a mediation proceeding within the two-year limitation period set out in the Insurance Act and the Statutory Accident Benefits Schedule.
The arbitrator rejected the applicant's arguments that the limitation period did not begin to run until she submitted a disability certificate or that the denial was premature and therefore void.
