Insurer's request for a further medical examination denied as unreasonable; applicant permitted to proceed to arbitration.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.
The applicant applied for arbitration.
The insurer scheduled a further medical examination with an orthopaedic specialist who had previously examined the applicant twice.
The applicant refused to attend.
On a preliminary issue, the arbitrator held that the scheduled examination was not reasonable, rejecting the insurer's argument that examinations are automatically reasonable after a significant passage of time.
As the expert had already rendered full opinions and there was no evidence of a change in the applicant's condition, the applicant's failure to attend had no consequences and she was permitted to proceed to the arbitration hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 8, 2005
