Applicant v. Pafco Insurance Company (18-011583)

The claimant was involved in an accident in 1997. He applied to the LAT to dispute entitlement to IRBs, medical benefits, and a catastrophic impairment. The insurer argued that the claimant never submitted an OCF-1 and did not have a reasonable excuse for the delay. Adjudicator Kepman rejected the claimant’s arguments that he was not provided with the correct forms and that the insurer had not communicated with him around the time of the accident. She dismissed the claim, holding that the Tribunal could not adjudicate a dispute because the claimant never applied for the disputed benefits. She also would have held that the claimant failed to meet the limitation period.