Insurer's request for a rheumatological examination granted as reasonably necessary given the applicant's medical evidence.
The applicant was injured in a motor vehicle accident and sought ongoing statutory accident benefits.
The insurer requested that the applicant attend an insurer's medical examination with a rheumatologist, which the applicant refused, arguing her injuries were primarily orthopaedic.
On a preliminary motion, the arbitrator found the examination reasonably necessary, noting the applicant suffered from both orthopaedic and rheumatological conditions and relied heavily on her own treating rheumatologist's medical-legal reports.
The insurer's request for an order precluding the applicant from proceeding to arbitration if she failed to attend was dismissed as premature.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 5, 2001
