The applicant sought attendant care benefits beyond the 104-week mark, which the insurer denied.
The applicant filed an appeal to the Licence Appeal Tribunal more than two years after the denial, missing the limitation period under s. 56 of the Statutory Accident Benefits Schedule.
However, the Tribunal granted an extension of time under s. 7 of the Licence Appeal Tribunal Act, finding that the applicant had a bona fide intention to appeal and was reasonably confused by the insurer's subsequent correspondence and failure to clarify that the limitation period was not on hold pending catastrophic impairment assessments.
