This Request for Reconsideration was filed by the claimant following a decision by the Tribunal that she was statute barred from proceeding with her appeal of the insurer’s refusal to pay an IRB and the Tribunal’s decision not to extend the limitation period by way of section 7 of the LAT Act. Vice Chair Maedel concluded that the claimant was permitted to proceed with her application to dispute the denial of IRBs. Vice Chair Maedel considered the four Manuel factors and found that there was no prejudice to the insurer in a 13-business day delay in filing the appeal. Counsel for the claimant failed to ensure that the appeal was filed in a timely manner, but Vice Chair Maedel determined that this should not prejudice the claimant who maintained a bona fide intention to dispute the denial of the IRB. As a result, the case warranted an extension of the limitation period to allow the claimant the opportunity to dispute the insurer’s denial of her IRB claim.
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