Insurer's motion to compel applicant's attendance at multidisciplinary medical examinations partially granted.
The insurer brought a motion on a preliminary issue to compel the applicant to attend multidisciplinary medical examinations by a psychiatrist, psychologist, and physiatrist.
The applicant opposed the motion, arguing the examinations were not reasonably required and were sought merely to bolster the insurer's case for arbitration.
The arbitrator found that the insurer had not examined the applicant in over two years and had only recently received new medical reports indicating the applicant was unlikely to return to work due to physical and psychological difficulties.
The arbitrator ordered the applicant to attend the examinations by the psychologist and physiatrist, finding them reasonably required to evaluate her condition.
However, the arbitrator found the insurer failed to justify the need for an additional examination by a psychiatrist.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 19, 2000