The applicant was involved in a motor vehicle accident and applied for statutory accident benefits, including caregiver benefits and housekeeping expenses, approximately ten months later.
The insurer denied the claim on the basis that the applicant failed to provide notice of her injuries within 30 days as required by section 59(1) of the Statutory Accident Benefits Schedule.
The arbitrator found that the applicant's evidence regarding her reporting of injuries and her functional disability lacked credibility.
The arbitrator concluded that the applicant failed to comply with the notice requirements without a reasonable excuse and did not suffer a substantial inability to engage in her caregiver activities.
The application for benefits, a special award, and arbitration expenses was dismissed.
