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Reconsideration of preliminary issue decision barring income replacement benefit claim for limitation period expiry dismissed.
The applicant requested a reconsideration of a preliminary issue decision that barred her from proceeding to a hearing for an income replacement benefit due to the expiry of the two-year limitation period.
The applicant argued the Tribunal committed a material breach of procedural fairness and made errors of law and fact regarding the validity of the insurer's denial and ongoing duty to adjust the claim.
The Tribunal dismissed the request, finding no breach of procedural fairness and that the original decision correctly applied the law regarding the limitation period trigger and the test to extend it.
