The applicant sought statutory accident benefits following a motor vehicle accident, which the insurer denied on the basis that the injuries fell within the Minor Injury Guideline (MIG).
The insurer raised a preliminary issue that the applicant was barred from proceeding because he failed to attend a scheduled insurer's examination (IE).
The Tribunal found that the applicant failed to provide a reasonable explanation for his non-attendance, thereby barring the appeal under s. 55(1)2 of the Schedule.
Although not required to decide the substantive issue, the Tribunal also concluded that the applicant failed to meet the onus of proving his physical and psychological injuries fell outside the MIG, preferring the insurer's expert evidence.
The appeal was dismissed.
