The claimant applied to the LAT disputing entitlement to IRBs. The insurer brought a preliminary motion arguing that the claimant was barred by the two-year limitation period. The claimant applied to the LAT on November 1, 2019 after 5:00 pm. The insurer denied IRBs on November 2, 2017. The insurer argued that the claimant’s LAT application was deemed to be filed on November 4, 2019, which was the next business day, and that therefore the claimant’s application was outside the two years. The claimant noted that the insurer denied IRBs on November 2, 2017 via fax and that as the deadline would have been November 2, 2019, a Saturday, she argued that her deadline actually expired on November 4, 2019, being the next business day. Adjudicator Makhamra agreed with the claimant. The two-year limitation expired on November 4, 2019, because two years after the denial, November 2, 2019, fell on a Saturday. Therefore, the claimant’s LAT application, deemed received on November 4, 2019, was served within the two-year period.
