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Does Vacationing Impact Entitlement to Accident Benefits?

May 19, 2022

Are claimants entitled to accident benefits while on vacation?

The recent Licence Appeal Tribunal (LAT) decision, Ullah v. Co-operators General Insurance Company (20-003923/AABS), addresses this concern.

In this claim, the Applicant was involved in a motor vehicle accident on October 13, 2018, and as a result, sought entitlement to various accident benefits subsequent to the accident up to 2020.

The Respondent was concerned that the Applicant went on vacation to three different continents in 2019 for approximately six weeks.

As a retort, “The Applicant submits that it is a fact that vacation can provide physical and psychological benefits and that the Applicant was provided supports and accommodations by family and friends during her travels.”

The Adjudicator concluded, “Before proceeding with my analysis on the other benefits in dispute, I acknowledge the Respondent’s concern that the Applicant went on vacation in 2019 for about 6 weeks.  I find that this does nothing to affect the findings highlighted above.  To put it simply, vacationing does not disentitle the Applicant from claiming accident benefits. Likewise, vacationing does not undo the injuries she sustained as a result of the subject accident.”

Therefore, vacationing has no impact on a claimant’s entitlement to accident benefits.

Read the decision in full detail here:
Ullah v. Co-operators General Insurance Company (20-003923/AABS)

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