Eric Grigg

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

Her occupational therapist submitted a treatment and assessment plan (OCF-18) that included a new diagnosis of a foot fracture.

The insurer denied the plan and required the applicant to attend an insurer examination with an orthopaedic surgeon to investigate the new diagnosis.

The applicant failed to attend the examination, arguing the insurer's notice lacked sufficient medical reasons.

The arbitrator found that investigating a new diagnosis constituted a valid medical reason, making the notice compliant with section 44 of the Schedule.

Consequently, the applicant was precluded from proceeding to mediation under section 55(2) of the Schedule.

The claimant applied for statutory accident benefits following a motor vehicle accident and subsequently initiated arbitration after the insurer terminated certain benefits.

The claimant's legal counsel withdrew due to an inability to communicate with her, and the claimant failed to participate in multiple pre-hearing discussions or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

The arbitrator found that the claimant's failure to participate rendered the proceeding frivolous and vexatious, dismissed the application, and ordered the claimant to pay the insurer's expenses of $1,414.08.