Motion to stay arbitration granted to allow insurer to conduct orthopedic examination responding to new diagnoses.
The insurer brought a motion to stay the arbitration proceeding pending the applicant's attendance at an orthopedic insurer examination.
The applicant had recently served new medical documentation, including a report diagnosing her with accident-related chronic pain and a possible rotator cuff tear.
The insurer argued it needed an orthopedic examination to respond to this new information.
The arbitrator found the examination was reasonably necessary due to the new diagnoses and granted the stay, noting that the insurer's third notice of examination complied with the requirements of section 44(5) of the Statutory Accident Benefits Schedule.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 31, 2017
