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Motion to compel plaintiff to undergo a neuropsychological examination dismissed as cognitive function not in issue.
The defendant insurer moved for an order compelling the plaintiff to undergo a neuropsychological examination, arguing the plaintiff had placed his cognitive abilities in issue in his claim for long-term disability benefits.
The plaintiff opposed the motion.
The court dismissed the motion, finding that the plaintiff had not put his neuropsychological function in issue, none of his treating physicians had recommended such an assessment, and there was no evidence from a medical professional that the examination was necessary.
Insured who elected to sue third party remains entitled to LTD benefits subject to WSIB offset.
The appellant was injured in a motor vehicle accident during the course of his employment and applied for workers' compensation benefits.
He subsequently elected to proceed with a civil action against the responsible third party.
His employer's long-term disability insurer denied his claim for benefits, arguing he was no longer entitled after his election.
The Court of Appeal held that the appellant satisfied the policy's condition precedent by applying for workers' compensation benefits and was therefore entitled to long-term disability benefits.
However, the insurer was entitled to reduce the monthly benefit by the amount of workers' compensation benefits the appellant would have received had he not elected to sue.
