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Appeal allowed; insurer's notice of examination under oath was deficient and stay of arbitration was improper.
The appellant appealed an arbitrator's decision that stayed his arbitration for statutory accident benefits pending his attendance at an examination under oath.
The Director's Delegate allowed the appeal, finding that the insurer's notice for the examination under oath was fatally flawed because it failed to advise the appellant of his right to representation, a mandatory requirement under s. 33(1.3) of the Schedule.
The Delegate also held that a stay of proceedings is not an appropriate remedy for an insured's failure to attend an examination under oath, as the Schedule provides its own specific remedy (non-payment of benefits) and the arbitration process does not include pre-hearing examinations for discovery.
