S.S. v. RSA Insurance (19-005229)

The claimant sought removal from the MIG and entitlement to two medical benefits. The claimant refused to attend IEs and applied to the LAT more than two years after the denials. Adjudicator Boyce held that the limitation period applied and that he would not exercise discretion under section 7 of the LAT Act. The claimant provided no evidence of a bona fide intention to dispute the denials, and the delay was over six months. There would also be prejudice to the insurer because of the missed opportunity to assess the claimant. Furthermore, the claimant’s failure to attend the scheduled IEs barred the claimant from disputing entitlement to the two medical benefits. Because no treatment plans were permitted to be disputed, the claimant could not proceed with a standalone MIG dispute.