A preliminary issue hearing was held to determine whether the claimant was barred from proceeding with her application for failure to comply with the time limits imposed section 32 of the SABS. The claimant submitted her application nearly 11 months post-accident, despite multiple requests from the insurer for an OCF-1. The claimant’s explanation at the examination under oath for filing her application late was “”I take my time doing things… I know I piss people off, I don’t care, but this is me””, which Adjudicator Watt felt showed a deliberate disregard to follow the time frame required. Adjudicator Watt held that the claimant had not provided an objective or subjectively reasonable explanation for the delay, and her application was therefore statute barred under section 55 for failure to comply with section 32.
