Reconsideration denied; in-person physiatry examination not reasonably necessary where paper review sufficed for impairment rating.
The respondent insurer sought reconsideration of a Licence Appeal Tribunal decision that allowed the applicant's dispute resolution application to proceed despite her refusal to attend an in-person physiatry examination.
The insurer argued the examination was necessary to assess the applicant's physical impairment for a catastrophic impairment determination.
The Executive Chair denied the reconsideration request, upholding the finding that the in-person examination was not 'reasonably necessary' under s. 44(1) of the Statutory Accident Benefits Schedule.
The Tribunal found that the insurer already had sufficient information from previous in-person assessments by an occupational therapist to conduct a paper review for the whole person impairment rating.
OLATOntario Licence Appeal TribunalJun 27, 2017
