CompFox AI Summary
The defendant sought reconsideration of a finding that their statute of limitations defense was not established. The applicant sustained a specific injury on August 5, 2007, and filed a claim on February 28, 2013. The defendant argued the claim was barred because benefits were last provided in December 2008, over a year before the application. However, the defendant failed to present affirmative evidence, such as benefit printouts, proving no treatment was provided within the year preceding the application. Consequently, the defendant did not meet their burden of proof to establish the statute of limitations defense.
Full Decision Text1 Pages
The defendant sought reconsideration of a finding that their statute of limitations defense was not established. The applicant sustained a specific injury on August 5, 2007, and filed a claim on February 28, 2013. The defendant argued the claim was barred because benefits were last provided in December 2008, over a year before the application. However, the defendant failed to present affirmative evidence, such as benefit printouts, proving no treatment was provided within the year preceding the application. Consequently, the defendant did not meet their burden of proof to establish the statute of limitations defense.
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