Mark Vella

The insurer brought a motion for an order declaring the applicant is not entitled to statutory accident benefits until she submits to an Examination Under Oath (EUO).

The applicant brought a cross-motion to preclude the insurer from examining her regarding income replacement and housekeeping benefits, arguing that because the insurer initially paid these benefits, it could not later require an EUO under section 35(3) of the Schedule.

The arbitrator held that section 35(3) does not restrict an insurer's ongoing right to request an EUO under section 33.

The applicant was found to have failed to attend the EUO by refusing to answer relevant questions.

The arbitration was adjourned sine die, benefits were suspended until attendance, and the applicant was ordered to pay $1,000 in expenses.