C. V. D. W v. Heartland Farm Mutual Inc. (19-001892)

This preliminary issue hearing was brought to determine whether the claimant’s application for IRBs and attendant care benefits was statute-barred under s. 55 of the Schedule because it was filed outside of the time limits under s. 32 of the Schedule. Adjudicator Ferguson found that the claimant’s application was barred, as she did not submit the application within 30 days of receipt of the application forms from the insurer, and there was no reasonable explanation for the delay in filing. He found that the claimant’s explanation that she was unable to complete the forms because they were not received, or alternatively that they were not understood, was not credible or believable.