The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them for her failure to attend a disability assessment (DAC).
The applicant applied for arbitration.
The preliminary issue was whether the applicant made herself reasonably available for the DACs scheduled on June 24, 1997, and October 9, 1997.
The arbitrator found that her failure to attend the first DAC was reasonable due to late notice and a conflicting medical appointment for her husband.
However, her failure to attend the second DAC was not reasonable, as the insurer had properly scheduled a musculoskeletal DAC based on the medical evidence available at the time, and the applicant's counsel improperly refused to attend without a neurologist.
Consequently, the applicant was barred from proceeding to arbitration for income replacement benefits.
