The appellant was injured in a motor vehicle accident and received income replacement benefits for 156 weeks before the insurer terminated them.
Three years later, the appellant applied for further benefits, arguing he now met the post-156-week test.
The insurer denied the claim as statute-barred and for failing to meet the continuous disability requirement.
The Director's Delegate affirmed the arbitrator's decision, holding that the claim was barred by the two-year limitation period under the Insurance Act and the SABS, as the post-156-week benefits do not constitute a separate claim.
Furthermore, the appellant failed to establish that he was continuously disabled from the 156-week mark.
