The claimant was involved in an automobile accident in 2015 and was deemed catastrophically impaired in 2024. At the LAT hearing, the insurer submitted that the claimant had violated the CCRO by submitting nine pages of separate submissions on the award when the CCRO limited total submissions to ten pages. The insurer maintained that it was prejudiced in only having 10 pages to respond and the claimant’s special award particulars should be rejected by the Tribunal. The Tribunal found that the claimant’s submissions did not comply with the Tribunal’s orders. The CCRO ordered that the claimant provide particulars of the award claim within 30 calendar days after receipt of the adjusters’ log notes. The CCRO also indicated the hearing adjudicator could choose to not consider submissions which exceeded page limits. The Tribunal chose to do so in this matter because it found that the claimant and the respondent agreed to the page limits at the CCRO, the claimant did not seek an order for additional pages prior to making her submissions, and it was prejudicial to the insurer. Therefore, the Tribunal did not consider the first four pages that included the introduction, overview, nature of disputed benefits, and legal framework. The Tribunal did however consider the claimant’s argument for a special award, conclusion and relief sought on pages 5 to 8. The Tribunal found that the insurer was not liable to pay an award. The claimant was found to be entitled to case management services, psychological therapy, and OT services.
