A preliminary issue was heard as to whether the claimant’s NEBs appeal was barred by the limitation period. Adjudicator Johal concluded that the limitation period barred the appeal and that the case did not warrant an extension under section 7 of the LAT Act. The claimant argued that she did not have the requisite mental capacity during the limitation period and that it should be stayed during the incapacity. The adjudicator held that the Tribunal did not have the power to suspend or stay the limitation period in the SABS, but considered the argument in relation to section 7 of the LAT Act. Adjudicator Johal did not extend the limitation period, reasoning that the claimant failed to provide evidence that a mental incapacity existed back to the time frame of the NEB denial. The evidence did not show a bona fide intention to appeal, the delay in appealing the denial was 5.5 years, and there was potential prejudice to the insurer.
