Jonathan D. Wong

The applicant sought income replacement benefits and medical benefits following two motor vehicle accidents.

The insurer denied the benefits and required the applicant to attend insurer examinations.

The Tribunal found that the insurer's notices of examination were insufficient because they failed to provide specific medical reasons related to the applicant's condition.

The Tribunal held that the applicant's attendance at the examinations did not waive his right to challenge the notices, nor did the subsequent examination reports cure the defective notices.

As a result, the insurer was ordered to pay the income replacement benefits and the disputed treatment plans, plus interest.

The applicant requested reconsideration of a preliminary issue decision that found the applicant had refused to attend Insurer's Examinations but declined to grant a remedy due to non-compliant notices.

The Tribunal dismissed the request for reconsideration, holding that Rule 18.1 limits reconsiderations to decisions that finally dispose of an appeal.

As the underlying decision was an interlocutory order adjourning the hearing, it did not satisfy the requirements for reconsideration.