The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer scheduled a section 42 examination.
The applicant attended the examination but, on the advice of counsel, refused to sign the specific consent forms provided by the assessment facility, which included a liability waiver.
The assessors refused to proceed, and the insurer terminated the applicant's income replacement benefits for non-attendance.
The arbitrator held that the applicant did not fail to attend the examination.
The applicant was present and willing to provide verbal consent and written consent via counsel.
The refusal to sign the facility's specific consent form, which contained an inappropriate exculpatory clause, was reasonable.
The insurer was ordered to pay the withheld benefits with interest.