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Applicant barred from proceeding with LAT application until he attends reasonable s. 44 insurer examinations.
The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment.
The respondent insurer requested that the applicant attend section 44 multidisciplinary examinations.
The applicant refused to attend, arguing the requests were unreasonable and untimely.
The Tribunal applied the six-factor test for reasonableness and found the insurer's requests were reasonable and timely, as they were made after the two-year anniversary of the accident to assess specific criteria.
The Tribunal ordered that the applicant is barred from proceeding with his application until he attends the requested physiatry, psychology, and otolaryngology examinations, and directed the insurer to schedule them within 35 days.
