The respondent insurer brought a motion on preliminary issues seeking to permanently bar the applicant from proceeding with claims for two treatment plans because the applicant failed to attend scheduled independent examinations (IEs).
The respondent also argued the Tribunal lacked jurisdiction to determine the applicability of the Minor Injury Guideline (MIG) as a standalone issue.
The Tribunal found that while the applicant missed the IEs, a complete bar was disproportionate given the applicant's explanation of a family emergency abroad and her agreement to attend the rescheduled IEs.
The Tribunal dismissed the request to bar the claims and instead stayed the application for 60 days pending the applicant's attendance at the IEs.
The request regarding the MIG issue was also dismissed, to be determined by the hearing adjudicator if necessary.
