The claimant disputed entitlement to a physiatry assessment proposed three years after the accident but which was never incurred. Because the LAT dispute would not be determined until after the expiry of the five year policy period, the insurer brought a motion arguing that the disputed assessment could not be awarded because it was not incurred within the five year policy period. Vice Chair Flude dismissed the motion, holding that the claimant’s right to payment of the assessment did not lapse as of the five year mark. Vice Chair Flude reasoned that entitlement under the SABS could not be rendered void as a result of the Tribunal’s dispute resolution timelines, and that the date of submission of the treatment plan was the relevant date to consider. The insurer could not escape liability by delays resulting from the dispute process.
