The claimant sought entitlement to IRBs and psychological treatment. A preliminary hearing was held to determine whether the claimant was statute barred from proceeding with her claim for failure to dispute the following issues within the two year limitation period. Vice Chair Farlam found the claimant’s application was statute-barred and dismissed the claims. She found that the insurer’s correspondence denying IRBs and medical benefits was clear and unequivocal. Vice Chair Farlam rejected the claimant’s argument that a request for further medical information or continuing to assess entitlement to benefits extended the limitation period. Finally, the Tribunal declined to extend the limitation period under section 7 of the LAT Act. Although the delay was under two months, Vice Chair Farlam noted that the 104 week mark was a critical period for adjusting entitlement to IRBs, and there would be prejudice to the insurer if the claimant was permitted to proceed with the dispute.
