Late denial treated as valid: the tribunal disagreed
What was checked
- Rule
- Insurer responds to a treatment plan within 10 business days
- Instrument
- Statutory Accident Benefits Schedule, O. Reg. 34/10, s. 38(8), (11)
- Enforcement
- reference, routes to review or escalation
- Verification status
- SECONDARY 10 business days to respondSECONDARY Consequence from the 11th business dayFIRM Business-day countingCOUNSEL-CONFIRMS Legislation Act roll-forward sectionCOUNSEL-CONFIRMS Seeded holiday calendar, 2024 to 2031
- Policy sources
What it rests on
| Input | Value | Basis | Source |
|---|---|---|---|
| Treatment plan received by the insurer | 2026-01-12 | From a document | |
| Insurer's denial | 2026-02-04 | From a document | |
| File treated the denial as effective | yes | From a document |
Deterministic reasoning
- Received 2026-01-12 (Fax confirmation, treatment and assessment plan). Day 1 is the first business day after receipt (DATE-01).
- Ten business days: due 2026-01-26.
- Denial 2026-02-04 is after 2026-01-26.
- Outcome recorded: the s. 38(11) consequence ran from day 11.
The record's slots
- Confidence
- From a document
- Question
- none: nothing is missing
- Reviewer
- empty
- Tier
- SHADOW v1.0 May raise a question. Cannot block, bind or stand as authority (SHADOW-01).
- Outcome
- 2026-06-10: A denial issued after the 10-business-day window did not stop the s. 38(11) consequence from the 11th business day.
- Coverage
- 4 documents on file, all extracted
Evidence packFalcon
A one-page PDF a carrier or the Law Society could read, and a JSON file a machine can check. Built only from this record and its sources.
This record is in shadow. The pack says so: it raises a question and cannot stand as authority.