Applicant v. Unifund Assurance Company (17-004690)

The claimant first applied for accident benefits five and a half years after the accident. The insurer did not indicate that the claim was being denied due to its lateness. Once a LAT application was filed, the insurer argued that the claimant was not entitled to claim accident benefits because of the delay in application. Adjudicator Kershaw held that the insurer could not rely upon the late application argument because it had not communicated that position to the claimant from the time she first applied. In terms of the benefits in dispute, the claimant was removed from the MIG due to non-compliance with section 38, and a physio treatment plan was awarded. A psychological treatment plan was denied because the claimant provided no evidence of ongoing psychological injury.