Andrea Bandow

The applicant sought statutory accident benefits following a motor vehicle accident.

The insurer denied a chiropractic treatment plan and requested an insurer examination (IE).

The applicant failed to attend the IE, citing travel out of the country.

The Tribunal found that the insurer made reasonable efforts to schedule the IE and provided proper medical reasons for the denial.

Because the applicant did not have a reasonable explanation for failing to attend, the Tribunal held that section 55(1)2 of the Schedule barred the application from proceeding until the applicant complied with the IE request.