K.W. v. Unifund Assurance Company (17-001606)

The claimant sought entitlement to IRBs. The claimant provided the respondent with an OCF-10 electing a NEB. The claimant applied to the LAT regarding her entitlement to NEB, but subsequently submitted an amended application changing her claim from a NEB to an IRB. This preliminary issue hearing was brought to determine if the claimant was entitled to re-elect and pursue her claim for IRBs. Adjudicator Paluch concluded that the claimant was precluded from electing IRB as she had already made a valid election and chose a NEB. There is no right to change that election unless the claimant is catastrophically impaired.