A preliminary issue hearing was brought by the insurer for an order barring the claimant from proceeding with an application for IRBs due to the expiration of the limitation period. The insurer had notified the claimant on November 8, 2016 of stoppage of IRBs effective November 22, 2016 per IEs. The claimant requested payment on November 21, 2016 of IRBs from February 9, 2015 to November 22, 2016. The insurer obtained an accounting report to determine the amount payable as the claimant was self-employed at the time of the accident. The claimant was paid IRBs plus interest in a lump sum on July 28, 2017 based on the accounting report. The claimant filed his application for ongoing IRBs on May 29, 2019. The claimant argued his application was filed within the two year limitation period, stating that the calculation of limitation started on July 28, 2017 because the insurer’s letter enclosing the accounting report included reference to the two year limitation period. Adjudicator Norris found the November 8, 2016 letter started the limitation period as it satisfied the proper denial requirements. Adjudicator Norris did not consider the July 28, 2017 letter to impact the deadline because the letter was not a new denial of benefits. The letter’s purpose was to provide the claimant with a copy of the accounting report and confirm the amount of IRBs payable. Adjudicator Norris did not exercise his discretion to extend the deadline to file application under section 7 of the LAT Act as there was no evidence to show the claimant had any intention to appeal within the appeal period.
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