Dr. R. Galway

The insurer brought a motion to compel the insured to attend further psychological and orthopaedic examinations under section 42 of the Statutory Accident Benefits Schedule.

The insured opposed the motion, arguing the notice for the orthopaedic examination was void and the examinations were not reasonably necessary.

The arbitrator found the notice for the orthopaedic examination was void because it was served less than five business days before the appointment.

Furthermore, the arbitrator held that further examinations were not reasonably necessary, as the insurer had already obtained up-to-date, independent medical opinions that concluded the insured's ongoing complaints were not accident-related.

The motion was dismissed, and the insurer was ordered to pay $500 in costs.

The applicant was injured in a motorcycle accident and sought no-fault benefits to retrain as a commercial airline pilot, arguing he could no longer work as a truck driver due to knee injuries.

The arbitrator found that the applicant had successfully returned to work as a truck driver for a trial period and failed to provide medical evidence showing he could not continue in that occupation.

The arbitrator concluded that retraining as a pilot was not a reasonable expense resulting from the accident and dismissed the claim for occupational training benefits.