The claimant sought entitlement to NEBs. The insurer argued that the claimant failed to dispute entitlement within two years of the denial. The claimant conceded that he had not disputed entitlement within two years, but argued that his claim was not discoverable during the period. Adjudicator Go held that the principles of discoverability did not apply to SABS claims, and that the two year limitation period began to run from the date of the insurer’s denial. She also held that section 7 of the LAT Act did not support delaying the limitation period because there was no evidence that the claimant was incapacitated or unable to give instructions to counsel to dispute NEB entitlement within two years of the denial.
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