The applicant sought a Non-Earner Benefit (NEB) following a motor vehicle accident.
The respondent insurer raised a preliminary issue that the claim was statute-barred under s. 56 of the Statutory Accident Benefits Schedule because the applicant failed to appeal the denial within the two-year limitation period.
The Tribunal found that the insurer's initial denial letter was clear and unequivocal, triggering the limitation period, which expired nearly a year before the application was filed.
The Tribunal declined to extend the limitation period under s. 7 of the Licence Appeal Tribunal Act due to the significant delay.
The NEB claim was dismissed as statute-barred.
