The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer terminated weekly caregiver and housekeeping benefits and requested follow-up in-home occupational therapy, orthopaedic, and physiatry insurer examinations.
The applicant refused to attend, citing privacy concerns and arguing that the same occupational therapist who conducted the first assessment should conduct the follow-up.
The arbitrator found that the mutual mistrust between the applicant and the original occupational therapist made a second assessment by her untenable, and that the insurer's requests for new assessments were reasonably necessary.
The arbitrator adjourned the scheduled arbitration hearing to allow the parties to arrange the necessary assessments.