The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The insurer denied further IRBs after the applicant returned to work, sending a denial letter on June 23, 2014.
The applicant filed an appeal with the Licence Appeal Tribunal nearly four years later.
The insurer raised a preliminary issue that the appeal was statute-barred under s. 56 of the Statutory Accident Benefits Schedule, which imposes a two-year limitation period.
The Tribunal found that the insurer's letter constituted a clear and unequivocal denial of the benefits, containing all required elements.
Consequently, the limitation period had expired, and the applicant's appeal was dismissed as statute-barred.