Insurer's request for a fifth in-person examination deemed not reasonably necessary; applicant permitted to proceed.
The applicant sought catastrophic impairment benefits following a motor vehicle accident.
The insurer requested five in-person insurer's examinations.
The applicant agreed to three but refused to attend an in-person physiatry examination and a cardiology examination, arguing they were excessive and unreasonable.
The insurer raised a preliminary issue that the applicant was precluded from proceeding with her application due to her non-compliance.
The Tribunal found that the in-person physiatry examination was not 'reasonably necessary' under section 44 of the Schedule, as it was overly intrusive and the insurer already had sufficient information from other assessments to conduct a paper review.
The applicant was permitted to proceed with her claim.
OLATOntario Licence Appeal TribunalApr 3, 2017
