The claimant sought entitlement to benefits following an accident that occurred on December 15, 2016. At the case conference, the insurer raised the preliminary issue that the claimant was statute-barred from proceeding with his claim under s. 56 of the Schedule because he failed to appeal its valid denial within the two-year limitation period. Adjudicator Chakravarti concluded that the claimant was statute barred from proceeding with his claim for IRBs from July 11, 2017 onwards, but that the claimant could proceed with his claim related to the weekly quantum of IRBs prior to July 11, 2017 as the application was commenced within two years following the denial. Adjudicator Chakravarti found that there were two denials of IRB: the first denial was the denial of ongoing IRB entitlement as of July 11, 2017. The second denial was on March 16, 2018 wherein there was a determination of the weekly quantum of the IRB for the period of time prior to July 11, 2017. The LAT application was filed on January 20, 2020. As the application was filed prior to the expiry of the limitation period, the claimant was not barred from proceeding with his application on the issue of weekly quantum of IRBs prior to July 11, 2017.
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