The insurer sought an order that the claimant’s application for IRBs was time barred since it was commenced more than two years after the denial. The insurer had written to the claimant and her legal representative of the stoppage, provided the claimant with a copy of the IE report and advised of the right to dispute by filing an application within the two year time limit. Vice Chair Farlam found that the insurer’s IRB stoppage letter was clear and unequivocal and included a warning if the claimant did not apply within the two year limit, she would be statute barred. Vice Chair Farlam declined to exercise her discretion to extend the time limit under section 7 of the LAT Act because there was no evidence to show the claimant’s bona fide or good faith intention to appeal within the time period. The claimant had failed to establish that her application had merit. The claimant filed no evidence and as such, she was likely unable to meet the test for IRBs.
