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Limitation period for accident benefits dispute did not begin until denial notice was delivered to counsel.
The applicant was injured in a motor vehicle accident and sought income replacement benefits, which the respondent insurer denied.
The respondent raised a preliminary issue that the applicant's dispute was statute-barred under section 56 of the Statutory Accident Benefits Schedule.
The Tribunal found that the two-year limitation period did not begin to run until the respondent properly delivered the denial notice to the applicant's counsel under section 64, which occurred years after the initial denial.
The preliminary issue was dismissed, allowing the applicant's claim to proceed.
