The claimant sought entitlement to ACBs. The insurer argued that the claim was barred by the limitation period. Adjudicator Johal agreed that the claim was brought after the expiry of the limitation period, but extended the limitation period under section 7 of the LAT Act. The claimant showed a bona fide intention to dispute future ACBs through an earlier partial release that covered only past benefits up to a date less than two years before the LAT dispute was filed. This left the claimant with the belief that he was not prejudiced in disputing future ACBs. The insurer was unable to show any prejudice arising from the limitation extension. Finally, the fact that the claimant suffered a catastrophic impairment suggested that there could be merit to the claim. Finally, the adjudicator rejected the insurer’s argument that the Tribunal did not have jurisdiction to extend the limitation period under the LAT Act.
