The claimant applied to the LAT seeking entitlement to accident benefits. He was involved in a motor vehicle accident as a pedestrian. The main issue was whether the claimant was barred from proceeding to a hearing as he failed to notify the insurer of the circumstances giving rise to a claim for benefits no later than the seventh day after the circumstances arose, or as soon as practicable after that day, as required by section 32(1) of the Schedule. Adjudicator Kaur found that the claimant was not statute-barred from proceeding with his claim. This decision was based on the evidence supporting that the claimant was an unsophisticated party, who may not realize that one can apply for accident benefits through their insurer in circumstances where they were hit as a pedestrian. The claimant had a limited level of education and worked as a labourer/landscaper. Adjudicator Kaur concluded that it would be equitable to relieve against the consequences of the claimant’s failure to comply with s. 32 as he provided a reasonable explanation for the delay.
