The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied the claim and scheduled insurer's examinations (IEs) to assess catastrophic impairment.
The respondent raised a preliminary issue arguing the application should be barred because the applicant failed to attend the IEs.
The Tribunal found that the respondent failed to meet its burden to show the applicant did not attend the rescheduled IEs, as the allegation was pre-emptive and speculative.
The Tribunal ordered the parties to proceed to the substantive hearing.
