A.M. v. Aviva General Insurance Company (19-004182)

The claimant sought entitlement to IRBs. The insurer argued that the limitation period applied. Adjudicator Grant agreed with the insurer and dismissed the claim. He found that the insurer clearly and unequivocally denied IRBs in January 2017 when she returned to work. The LAT application was filed in April 2019. Adjudicator Grant did not extend the limitation period under section 7 of the LAT Act because the claimant did not show any intention to dispute IRBs prior to the that time, the three month delay was unreasonable and without explanation, and the insurer could be prejudiced if it was required to defend the claim years after the denial without medical assessments.