The claimant sought reconsideration of the Tribunal’s decision that he was barred from seeking entitlement to certain benefits due to the limitation period. In particular, he argued that section 7 of the LAT Act applied in extending the time by which he had to apply to the LAT. Vice Chair Kershaw granted the reconsideration and allowed the claimant’s application to proceed. She held the Tribunal made an error in law by: failing to consider that the claimant continuously demonstrated his intention to dispute entitlement to denied benefits; including the time delay caused by the backlog at FSCO; concluding that there was prejudice to the insurer by the delay, since the claimant had applied for mediation at FSCO within the designated time frame; and concluding that the claimant had not spoken to a LAT representative by telephone and was advised that the 90 day post-mediation extension applied to LAT applications.
