Dr. John Strang

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer disputed the claim and requested that the applicant attend psychiatric and neurological insurer examinations (IEs).

The applicant refused to attend, arguing the request was a last-minute tactic.

On a preliminary issue hearing, the arbitrator found that the insurer's request was reasonably necessary because the applicant's initial neuropsychological assessment was based on incomplete pre-accident records, which the applicant had refused to provide until shortly before the hearing.

The arbitrator ordered that the applicant is precluded from proceeding to arbitration until he makes himself reasonably available for the requested IEs.

The parents of a child with severe autism and mental retardation appealed the school board's Identification, Placement and Review Committee (IPRC) decision identifying the child as having a multiple exceptionality ('Intellectual (Trainable Retarded) - Communication (Autism)').

The parents argued the child should be identified solely as 'Communication (Autism)' to ensure appropriate programming and placement.

The Tribunal heard evidence from multiple experts and educators, concluding that the child suffers from both severe mental retardation and severe autism.

The Tribunal found the multiple exceptionality identification to be correct and that the child's current placement and program were appropriate and meeting the child's needs.

The appeal was dismissed.