The insurer raised a preliminary issue, arguing that the claimant’s claim was barred pursuant to section 55 of the SABS because she failed to submit a completed OCF-1 until more than a year and a half after the accident. Both parties agreed that the claimant failed to comply with the time limit set out in the SABS, and the dispute centred on whether the claimant’s explanation for her delay in applying for benefits was a reasonable one. The claimant submitted that her injuries were latent and developed as time passed following the accident. Adjudicator Norris did not accept the claimant’s explanation, as it was contradictory to her answers at the EUO, and would not exempt her from the timelines set out in the SABS in any event. As such, the claimant was barred from applying to the Tribunal pursuant to section 55, and her application was dismissed.
