S.W. v. Pafco Insurance (17-007716)

The claimant sought IRBs. The insurer argued that the limitation period applied. Adjudicator Ferguson held that the LAT application was made more than two years after the accident, but that the exception at section 7 of the LAT Act should apply. The insurer and the claimant had entered into a settlement agreement of IRBs up to the 104 week mark. There was no language in the agreement that the claimant could not seek IRBs after the 104 week mark. The claimant was therefore entitled to apply to the LAT for any dispute regarding post-104 week IRB entitlement.