The insurer brought a motion to compel the applicant to produce two defence medical reports generated in a companion tort action.
The applicant opposed production, arguing the reports were irrelevant and protected by the implied undertaking rule.
The arbitrator found that while the implied undertaking rule did not shield the applicant from producing the documents, the reports were of limited probative value because they pre-dated the termination of benefits and the 104-week period at issue.
Furthermore, the insurer had already conducted sufficient assessments under section 42 of the Schedule.
The motion for production was dismissed.
