The appellant was injured in a motor vehicle accident and received income replacement benefits.
The insurer issued a notice of stoppage, prompting the appellant to request a designated assessment centre (DAC) evaluation.
The insurer was required to continue paying benefits pending the DAC report.
After a negative DAC report, the insurer issued a final notice stopping benefits.
The arbitrator initially ruled that the two-year limitation period began with the first notice of stoppage.
On appeal, the Director's Delegate held that the limitation period did not begin to run until the insurer provided notice after the negative DAC report, as the insurer was statutorily required to continue payments in the interim.
The appeal was allowed, and the appellant was permitted to proceed to arbitration.