A minor claimant applied to the LAT disputing entitlement to medical benefits and the cost of an examination. The insurer argued that the claimant was statute-barred, as the claimant filed her LAT dispute more than 2 years after the denials of benefits. The claimant argued that as she was a minor, she was not statute-barred because she filed the LAT application within two years of turning 18 years old. The insurer argued that the claimant had a litigation guardian to protect her interests and therefore, the claimant did not have a reasonable excuse for the late application and her dispute was outside the limitation period. Adjudicator Johal agreed with the insurer. Adjudicator Johal found that this was not a case to override the requirements of the Litigation Act and that the claimant had not satisfied that she had a bona fide intention to apply to the LAT within the appeal period and that she did not prove that there was a reasonable explanation for the delay. Adjudicator Johal also agreed that the insurer was prejudiced due to the uncertainty and delay over the adjudication of benefits.
