Motion to compel insured to attend a psychological independent medical examination granted.
The insurer brought a motion to compel the insured to attend an independent medical examination (IME) with a psychologist and to stay the arbitration pending the examination.
The insured had submitted reports from a psychologist and a psychiatrist supporting her claim for catastrophic impairment.
The insurer had previously obtained reports from a psychiatrist and an occupational therapist who opined that the insured's complaints were not accident-related, but the insurer had not obtained a psychological assessment.
After receiving an updated report from the insured's psychologist, the insurer requested a psychological IME.
The Arbitrator found the request reasonable and necessary to allow the insurer to assess the catastrophic impairment claim and ensure a fair hearing.
The motion to compel the IME was granted, but the request for a stay was dismissed as there was ample time before the hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 7, 2016
