Insurer's request for a neuropsychological examination denied as untimely and intended for arbitration rather than claim adjustment.
The insurer terminated the applicant's income replacement benefits and subsequently requested that she attend a neuropsychological assessment under s. 42 of the Schedule.
The applicant refused, arguing the request was not reasonably required.
The arbitrator found that the insurer's request was not timely, as it was made 13 months after receiving the applicant's neuropsychological report and appeared to be for the purpose of bolstering its position at arbitration rather than adjusting the claim.
The proposed examination was deemed not reasonably required.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 4, 2011
