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Application for accident benefits dismissed as statute-barred due to applicant's failure to attend insurer's examinations.
The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent denied a psychological assessment and asserted the applicant's injuries fell within the Minor Injury Guideline (MIG).
The respondent scheduled multiple insurer's examinations (IEs) under s. 44 of the Schedule, which the applicant failed to attend.
The applicant argued the notices of examination were deficient for lacking medical reasons.
The Tribunal found the notices complied with s. 44(5) and the applicant had no reasonable explanation for non-attendance.
Consequently, the applicant was statute-barred from proceeding under s. 55(1)2 of the Schedule, and the application was dismissed.
