The insurer sought an order barring the claimant from proceeding with her application due to non-compliance with the limitation period. The insurer had denied further payment of NEBs by way of letter dated October 4, 2016, which was mailed to the claimant and faxed to her counsel. The claimant applied to the Tribunal on November 19, 2018 to dispute the NEBs and other denials. The claimant argued that the NEBs denial letter was never sent. Vice Chair Shapiro found there was virtually no doubt the letter was sent because the insurer was able to produce a fax confirmation report. Vice Chair Shapiro found the fax and letter were both sent on or about October 4, 2016 and the claimant had not appealed the NEB denial within the two year limitation period. Vice Chair considered section 7 of the LAT Act and found that the claimant had not met her burden. She had missed the deadline for a significant period of time with no reason for late filing.
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