The applicant was injured in a motor vehicle accident and sought approval for a neuropsychological assessment.
The insurer denied the request in September 2005, stating it was unreasonable and unnecessary, and offered a Designated Assessment Centre (DAC) assessment, which never took place.
The applicant underwent the assessment anyway and submitted the invoice in 2006, which the insurer refused to pay.
The applicant filed for mediation in January 2008.
The insurer raised a preliminary issue that the application was filed beyond the two-year limitation period under the Insurance Act and the Statutory Accident Benefits Schedule.
The arbitrator held that the insurer's September 2005 refusal was clear and unequivocal, and the failure to conduct a DAC assessment did not invalidate the refusal.
The applicant was therefore precluded from proceeding to arbitration.
