A preliminary issue hearing was held to address whether the limitation period barred the claimant’s IRB dispute. Adjudicator Norris held that the limitation period applied. The IRB denial was clear and unequivocal, and the limitation period did not “restart” when the insurer re-iterated its denial of IRBs in subsequent correspondence. Adjudicator Gosio did not extend the limitation period under section 7 of the LAT Act. The length of the delay was more than six months, there was no evidence of bona fide intention to appeal within the two year limitation period, the insurer would be prejudiced in its adjusting of the claim if the dispute was permitted to proceed, and there was insufficient evidence in support of the merits of the appeal.
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