The claimant sought entitlement to NEBs and medical benefits. The insurer argued that the claims were barred by the limitation period. The claimant argued that her substance abuse issues prevented her from filing an application in a timely manner, and requested an extension of time under section 7 of the LAT Act. Adjudicator Johal concluded that the Tribunal had jurisdiction to extend the limitation period under section 7, but the claimant had to meet the four-part test in order to be granted consideration. Upon review of the evidence, Adjudicator Johal noted that although the claimant did have drug issues, there was no evidence presented that she intended to dispute the denial during the two-years after the denial; furthermore, the nine month delay in filing an application was not supportive of a clear intent to dispute the issues. As the overall weight of the presented evidence considered did not show clear intent on the part of the claimant, nor a reasonable explanation as to why she could not file the LAT application sooner, the issues in dispute were barred by the limitation period.
