The claimant’s spouse was involved in an accident in 2015. In 2019, the claimant applied for accident benefits, including IRBs. The insurer denied the claim on the grounds that the application was submitted late. The claimant applied to the LAT seeking entitlement to IRBs, and two treatment plans related to psychological treatment. Adjudicator Norris granted the claimant entitlement to IRBs for an eight month period between the submission of her application and the insurer’s denial, which was compelled by section 36. The remainder of the claim for IRBs was denied on the basis that the claimant failed to apply for IRBs within 104 weeks of the accident. Because the claimant applied almost four years after the accident, she could not prove entitlement to pre-104 week IRBs, and could therefore not claim post-104 week IRBs.
