Motion to compel in-person vocational assessment denied as it was sought for hearing preparation, not claims assessment.
The insurer brought a motion to compel the insured to attend an in-person vocational assessment examination and to stay the arbitration hearing until she complied.
The insurer had previously obtained a paper review report from its vocational expert, who stated his conclusions were reliable and comprehensive.
The arbitrator found that the insurer's request, made more than four years after benefits were terminated and shortly before the hearing, was for hearing preparation rather than ongoing claims assessment.
The arbitrator concluded the examination was not reasonably necessary under section 42 of the Statutory Accident Benefits Schedule and allowed the arbitration to proceed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 21, 2004
