Some appellate clarity on the issue on non-earner benefit is now
emerging some two years after the confusion arising from the
appellate decision in Galdamez v. Allstate.
In Sietzema v. Economical, the Court of Appeal dismissed the
insured's appeal of the summary judgment dismissal of her claim
for non-earner benefits as statute barred by the two-year
limitation period. In its unanimous February 11, 2014 decision, the
appellate court emphasized that one of the primary purposes of the
Statutory Accident Benefits (SABS) regime is the need for the
timely submission and resolution of accident benefit disputes.
The accident occurred on November 11, 2005. An Explanation of
Benefits (OCF-9) on December 19, 2005 stated that the claimant was
not eligible for non-earner benefits as she was employed at the
time of the accident. The Appellant issued a claim for non-earner
benefits over 5 years later, on April 14, 2011, far beyond the
two-year refusal to pay limitation period.
