The insurer raised a preliminary issue and argued that the claimant’s claim for NEBs was statute barred. The claimant had failed to submit an OCF-3 with her application pursuant to s. 36 and had failed to apply to the LAT within two years of its refusal to pay NEBs pursuant to s. 56 of the SABS. Adjudicator Grant noted that the claimant had submitted her OCF-3 over four years after the date of her accident, despite the insurer’s letter requesting that she submit an OCF-3 and its letter advising the claimant that her NEBs were denied due to her failure to submit an OCF-3. Adjudicator Grant found that the claimant’s application for NEBs was statute barred. He refused to exercise his discretion to grant an extension under s. 7 because of the length of the delay, the lack of evidence supporting the claimant’s intention to appeal, and the prejudice suffered by the insurer due to the delay.
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