The claimant sought entitlement to income replacement benefits. The insurer denied the benefit based on the claimant being outside of the limitation period. The insurer also asserted that a completed disability certificate was not submitted within two years of the MVA, pursuant to section 36 and sought to have the application dismissed. On review of the documentary evidence, Adjudicator Deborah Neilson held that the application could proceed as there was not a clear and unequivocal denial of the benefit to trigger the limitation period. Adjudicator Neilson also noted that strict compliance requiring a completed disability certificate was not what the Legislature intended. If information lacking on one document was found elsewhere, it was to be read with it. Moreover, if there was information missing that was critical to adjust the claimed benefit, the insurer was to request it. Accordingly, the claimant could bring an IRB claim before the LAT.
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