The insurer raised two preliminary issues in advance of the hearing: (1) to bar the claimant from proceeding with her claim for IRBs due to failure to commence her application withing the two year limitation period; and (2) to dismiss the application for procedural delay and awarding costs. Vice Chair Boyce found the applicant was statute barred from proceeding with her IRB claim because she failed to appeal the insurer’s denial within the two year limitation period. Vice Chair Boyce noted it was unclear what the claimant’s position was on the limitation period or what prompted her to reapply to the Tribunal nearly 11 months after the expiration of the limitation period after withdrawing her initial application in May 2018. The insurer did not agree to waive the limitation period when the claimant withdrew her initial application. The insurer advised that at no point had the claimant proposed an extension or tolling agreement that would allow her to proceed with her claim on consent. Vice Chair Boyce had no basis to dispute those assertions. Vice Chair Boyce ordered the insurer was entitled to costs in the amount of $250 based on the claimant’s failure to participate in Case Conferences, failure to follow LAT orders, and failure to provide written submissions.
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