The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer requested an examination under oath pursuant to section 33(1.1) of the Statutory Accident Benefits Schedule.
The applicant failed to attend the scheduled examination, arguing that notice was improperly sent to his counsel rather than to him personally, and that the insurer failed to reasonably accommodate his schedule.
The arbitrator found that notice to the applicant's solicitor was sufficient under section 68(2)(a) of the Schedule and that the applicant's counsel failed to respond to scheduling attempts.
Consequently, the insurer is not liable to pay benefits from the date of the missed examination until the applicant complies.
