The claimant sought entitlement to non-earner benefits. The insurer raised a preliminary issues motion asserting the claimant was outside of the two year limitation period. Vice Chair Gregory Flude reviewed the chronology of the claim and noted a disability certificate was submitted, albeit not endorsing entitlement to non-earner benefits. A FSCO mediation was applied for within the two year limitation period. However, the mediation was cancelled and FSCO ceded jurisdiction to the LAT. On review of the transition period dates, it was held the claimant was within the limitation period and therefore the insurer’s preliminary motion was dismissed.
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