The claimant submitted his application for accident benefits more than two years after the accident. The insurer argued that the application was late and that the claimant did not have a reasonable excuse for the lateness, and that the claim was therefore barred. Adjudicator Chakravarti agreed that the claimant did not comply with the timelines to submit an application and that the claim was barred. She rejected the claimant’s arguments that he was under immense psychological and financial pressure from an abusive relationship, and his argument that he was given the “runaround” by the insurer and that lawyers did not help him make an application. The claimant admitted receiving the insurer’s initial communication with a copy of a blank OCF-1 with instructions on applying for accident benefits. He also admitted speaking with the insurance adjusters in the weeks after the accident. He otherwise did not file any affidavit evidence or provide oral evidence in support of his reasons for applying late. The evidence provided by the insurer showed that the claimant had returned to work one week after the accident, and that he was able to apply for short-term disability benefits and WSIB during the same period he said he was unable to apply for accident benefits. Adjudicator Chakravarti accepted that the insurer would be prejudiced by the delay because it could not obtain contemporaneous medical examinations and records, or otherwise investigate the claim.
