The claimant sought entitlement to IRBs; the insurer argued that the dispute was barred by the limitation period. Adjudicator Ferguson agreed with the insurer and held that the denial of IRBs had been more than two years prior to the LAT application, and that the denial was clear and unequivocal. The claimant’s argument that he interpreted the denial as allowing him to seek IRBs at a later date was not accepted. It was further noted that the denial was to be considered in an objective manner rather than a subjective manner.
