S.W. v. Aviva General Insurance Company (19-002127)

The insurer sought reconsideration of the Tribunal’s decision to allow the claimant to extend the limitation period under section 7 of the LAT Act. The insurer argued that the Tribunal did not have jurisdiction to extend the limitation period, or alternatively, that the facts of the case did not warrant the extension. Adjudicator Boyce dismissed the reconsideration request. He rejected the argument that the Tribunal did not have jurisdiction to extend the limitation period, noting that only a few adjudicators came to the opposite conclusion. Applying the four factors to the present claim, Adjudicator Boyce found no error in how the Tribunal approached the request to extend the limitation period. He reiterated that the delay was only a few business days and that the claimant’s failure to dispute within the timeline was due to clerical errors.