Applicant (By his Litigation Guardian) v. State Farm Insurance (16-001691)

The insurer denied payment of IRBs following the 104 week period. The claimant brought an application before the LAT; however, the insurer asserted a limitation position. Adjudicator D. Gregory Flude reviewed the chronology of events and noted the claimant’s steadily declined in condition and eventual need for a court appointed litigation guardian. Nevertheless, no explanation was provided for the critical period when the limitations period was set to expire. Accordingly, since there is no ambiguity in the provisions, no extension can be granted. The claimant was deemed barred from proceeding with the claims in dispute for failing to comply with the limitations period.