Insurer's motion to compel medical assessments denied due to unreasonable delay and prejudice to the insured.
The insurer brought a preliminary motion seeking to compel the insured to attend psychiatric and neuropsychological assessments under section 42 of the Statutory Accident Benefits Schedule.
The insured opposed the motion, arguing the request was not reasonably necessary and was made too close to the scheduled arbitration hearing.
The arbitrator found that while earlier medical recommendations provided a reasonable basis for the assessments, the insurer's delay of over two years in arranging them was unreasonable and prejudicial to the insured.
The arbitrator also rejected the insurer's argument that a recent psychiatric report raised a new diagnosis warranting fresh assessments.
The motion was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 20, 2002
