Insurer's motion to stay arbitration for a late-requested section 42 psychiatric assessment denied.
The insurer brought a motion to stay the arbitration proceeding until the applicant attended a psychiatric assessment scheduled under section 42 of the Statutory Accident Benefits Schedule.
The applicant had been injured in a motor vehicle accident and suffered from chronic pain.
The insurer requested the assessment to respond to a psycho-vocational report obtained by the applicant.
The arbitrator found that the insurer had ample opportunity to investigate the applicant's chronic pain earlier and that the late request was primarily for hearing preparation rather than adjusting the claim.
The motion was denied.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 27, 2010
