The claimant sought entitlement to treatment outside of the MIG and benefits proposed in two treatment plans. The insurer raised the preliminary issue of whether the claimant was barred from proceeding with the claim as he failed to commence his application within two years after the insurer’s refusal to pay the amount claimed. The LAT application was filed by fax at 6:20 p.m. on the two-year anniversary of the denial of benefits. As it was filed after 5 p.m. on a Friday, Adjudicator Go found that it was deemed to have been filed on the following Monday, based on the deemed receipt rule in the LAT Rules. Adjudicator Go held that LAT adjudicators have the discretion to extend the limitation period pursuant to s. 7 of the LAT Act, and decided not to exercise her discretion in this matter based on a finding that there was no merit to the appeal and there was a lack of evidence of a bona fide intention to file within the timeline. The claimant was barred from proceeding with the claim.
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