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Application for income replacement benefits dismissed as statute-barred due to unexcused five-year delay.
The applicant sought income replacement benefits following a 2002 motor vehicle accident, which the respondent denied in 2011.
The applicant commenced an application at the Tribunal five years after the two-year limitation period expired.
The Tribunal found the respondent's denial was valid and clear, triggering the limitation period.
Applying the four-factor test for extending time under section 7 of the LAT Act, the Tribunal declined to extend the limitation period due to the significant five-year delay and resulting prejudice to the respondent.
The application was dismissed as statute-barred.
