Claire Wilkinson

The applicant sought reconsideration of a preliminary decision which barred her from commencing a proceeding for certain medical benefits due to her failure to attend an insurer's examination under section 44 of the Statutory Accident Benefits Schedule.

The applicant argued the Tribunal erred in law regarding the application of section 55(2), the availability of an insurer's examination for prescription medication, and by failing to provide adequate reasons.

The Tribunal allowed the late-filed amended reconsideration request but ultimately dismissed the reconsideration, finding no significant errors of law or fact that would have changed the outcome and concluding that adequate reasons were provided in the initial decision.

The applicant sought medical and rehabilitation benefits following a motor vehicle accident, including a cannabis prescription, physiotherapy, occupational therapy, and assistive devices.

The insurer denied the cannabis prescription pending a section 44 assessment, which the applicant refused to attend, arguing it was unreasonable and not permitted for prescription drugs.

The Tribunal held that the applicant was barred from proceeding with the cannabis claim because the insurer's request for a section 44 assessment was reasonable and properly noticed.

The Tribunal further dismissed the claims for physiotherapy, occupational therapy, and a rollator walker, finding that the applicant failed to prove the treatment plans were reasonable and necessary, preferring the evidence of the insurer's assessors who found the applicant's soft tissue injuries were uncomplicated.