Heidi Brown

The applicant was injured in a motor vehicle accident and applied for a determination of catastrophic impairment.

The insurer failed to respond within the required 10-day period under s. 45(3) of the Statutory Accident Benefits Schedule.

The applicant argued that this failure should result in a deemed catastrophic impairment.

The arbitrator held that the Schedule does not contain a deeming provision for missing this timeline, unlike other sections.

The applicant was ordered to attend the insurer's s. 44 examinations to pursue the claim.

The applicant was injured in a motor vehicle accident and applied for arbitration claiming ongoing weekly income benefits.

The insurer requested an Insurer's Medical Examination (IME) shortly before the scheduled arbitration hearing, which the applicant refused to attend.

The insurer sought an adjournment of the hearing.

The arbitrator found the insurer's request for an IME unreasonable due to its proximity to the hearing date and the insurer's failure to request it earlier despite having ample opportunity.

The request for an adjournment was dismissed.