OLAT 2022

The applicants requested a reconsideration of a Licence Appeal Tribunal decision that denied them non-earner benefits, medical and rehabilitation benefits, and interest.

They argued the Tribunal made an error of law or fact regarding their financial dependency on their daughter and violated procedural fairness by not allowing a videoconference hearing.

The adjudicator dismissed the request, finding that the applicants were merely rearguing their case on the same evidence and that procedural fairness was not violated as they had previously agreed to a written hearing.

The respondent brought a motion to dismiss the application without a hearing, arguing the Tribunal lacked jurisdiction because the only issue in dispute was whether the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued that the MIG classification could be decided as a standalone issue.

The Tribunal held that it does not have jurisdiction under s. 280(1) of the Insurance Act to determine MIG classification unless it is tied to a specific benefit dispute, as the MIG itself is not a statutory accident benefit but a framework establishing monetary limits.

The respondent's motion was granted and the application was dismissed.