This preliminary issue hearing was brought to determine whether the claimant was statute barred from proceeding with her claim for IRBs because she failed to apply within the two year limitation period after its refusal to pay IRBs. The claimant conceded that she did not file her application within the two year limitation period, and instead requested that the Tribunal extend her time for filing pursuant to section 7 of the LAT Act. Adjudicator Lake allowed the claimant to proceed with her claim for IRBs, because the length of delay was minimal (7 business days), the prejudice to the respondent was non-existent, and there was merit to the claimant’s appeal of the respondent’s denial.
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