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Applicant not barred from accident benefits claim where insurer failed to provide application forms.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits.
The respondent insurer argued the applicant was barred from proceeding because he failed to submit his application (OCF-1) within 30 days of receiving the forms, as required by section 32(5) of the Schedule.
The Tribunal found that although the applicant initially reported no injuries, the respondent failed to discharge its duty under section 32(2) to provide the accident benefits package.
Because the package was never provided, the 30-day timeline did not commence.
The applicant is not barred from proceeding with his claim.
