The claimant sought entitlement to NEBs. The insurer argued that the dispute was barred by the limitation period. Adjudicator Johal concluded that the claimant was out of time to dispute NEBs. Although the denial of NEBs was not technically correct (the claimant, as a self-employed person, could nevertheless claim NEBs), the denial did not need to be legally correct in order to constitute a valid denial. Adjudicator Johal also held that section 7 of the LAT Act should not be used to extend the limitation period. The claimant could not demonstrate that he had bona fide intentions to appeal the denial, the dispute was made over eight months late, and the insurer could suffer prejudice from the delay.
