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Application for accident benefits dismissed due to applicant's unexcused failure to attend a scheduled insurer's examination.
The applicant was involved in a motor vehicle accident and sought statutory accident benefits, which the respondent insurer denied.
The respondent scheduled an insurer's examination under section 44 of the Schedule, which the applicant failed to attend, arguing the notice was non-compliant.
The Tribunal found that while the first notice was deficient, the second notice complied with the Schedule's requirements.
Because the applicant failed to provide a reasonable explanation for his non-attendance at the rescheduled examination, he was barred from proceeding with his application under section 55 of the Schedule.
The application was dismissed.