The claimant sought entitlement to NEBs. The insurer argued that the dispute was time barred. Adjudicator Farlam held that the denial of NEBs was clear an unequivocal, and that it was delivered to both the claimant and the claimant’s legal representative. The LAT application was made more than three months after the expiry of the limitation period. Adjudicator Farlam held that the section 7 of the LAT Act should not be used to extend the limitation period. The claimant did not show a bona fide intention to apply to the LAT within the two years after denial. The claimant also failed to show that the NEBs claim had merit, relying only upon an OCF-3 that noted NEBs entitlement.
