The claimant was injured in an accident on December 1, 2015. She applied for NEBs, and was denied on May 30, 2016. The insurer raised a preliminary issue of whether the claim was barred due to the expiry of the limitation period. Claimant’s counsel conceded that the application was filed late, on March 21, 2019, almost 10 months after the presumptive two year limitation period. However, Adjudicator Kaur held that the claimant met her onus in demonstrating that the limitation period should be extended, and she extended the limitation period to allow the application to proceed. The adjudicator found that the claimant had a bona fide intention to appeal based on the claimant’s miscommunication with their counsel, and the filing of multiple disability certificates. Adjudicator Kaur held that the 10 month delay did not blindside the insurer as they were actively adjusting the claim, and that the delay is mitigated by the fact that the claimant was conducting CAT assessments throughout that period. Lastly, Adjudicator Kaur held that the insurer would not be prejudiced by the appeal of the denial for benefits, and that there was sufficient evidence that the appeal had merit, given the finding that the claimant was catastrophically impaired.
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