Key legal question
Whether SUVA committed a denial of justice by refusing to issue a formal appealable decision on its 2002 benefit refusal
Extracted holding
No. The informal refusal had become effective because the insured waited more than two years and eight months before requesting a formal decision; the right to demand one is time-limited.
Extracted reasoning
A benefit refusal that should have been issued in formal decision form cannot be challenged without limit when the insured stays passive for too long. In the circumstances, SUVA could rely on legal certainty and good faith.