The insurer requested the preliminary hearing to address whether the claimant was limitation barred from pursuing a claim for IRBs because the LAT application was not commenced within two years of the insurer’s denial. Adjudicator Gottfried held that the claimant was not precluded from applying for IRBs. The limitations analysis involved a lengthy review of correspondence between Aviva, the claimant, and the claimant’s lawyer regarding IRB stoppage. The limitation decision rested on which letter from the insurer started the limitation clock. The claimant and his lawyer both denied receiving a letter from Aviva regarding IRB stoppage dated February 11 2015. Aviva claimed that this letter was sent to the claimant by regular mail and copied to the claimant’s lawyer. Adjudicator Gottfried accepted the affidavit evidence of the claimant and his lawyer that it was not received. Adjudicator Gottfried found that the date of discoverability of the denial was August 17, 2015, which is the date of a follow-up letter from Aviva to the claimant’s lawyer regarding IRB payments and stoppage. Aviva argued that even if the claimant’s lawyer had not received a copy of the original stoppage letter in February 2015, a copy of that letter was included in the complete AB file materials provided to the claimant’s lawyer on March 23, 2015. Adjudicator Gottfried’s analysis did not clearly state why this date was not accepted, though the evidence suggested that the claimant’s lawyer did not review the AB file materials.
