The preliminary issue in this matter was whether the claimant was statute barred from proceeding with her claim pursuant to section 56 of the Schedule. Adjudicator Makhamra found that the claimant was not statute barred from proceeding with her claim for IRBs. The insurer initially terminated the claimant’s entitlement to the benefit based on multidisciplinary assessments pursuant to section 44 of the Schedule. Adjudicator Makhamra considered the four Manuel factors and concluded that the claimant had a clear bona fide intention to appeal the denial of the IRBs. This was clear from the Agreement that was entered into between the parties for the express purpose of allowing the claimant to refile an application. Further, no prejudice was found as the insurer was obtaining s. 44 CAT reports during the period of time between the deadline and the refiling of the application and was undisturbed by the fact that the claimant missed the Agreement deadline. Therefore, the justice of the case warranted an extension of the two-year limitation period.
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