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Limitation period not triggered by denial of catastrophic impairment determination as it is a threshold.
The applicant sought statutory accident benefits following a motor vehicle accident and applied for a catastrophic impairment determination, which the respondent insurer denied.
The respondent argued the applicant was barred from proceeding to a hearing because he failed to dispute the denial within the two-year limitation period under section 56 of the Statutory Accident Benefits Schedule.
The Tribunal found that the limitation period was not triggered because a catastrophic impairment determination is a threshold for eligibility, not a specific benefit.
The applicant was permitted to proceed to a hearing, and the respondent's request for costs was denied.
