The appellant was injured in a motor vehicle collision and submitted a claim for prescription medication to her auto insurer.
The insurer required her to undergo a medical examination under section 44 of the Statutory Accident Benefits Schedule to determine if the expense was reasonable and necessary.
When the appellant refused, the Licence Appeal Tribunal barred her from disputing the denial of her claim.
On appeal, the Divisional Court held that the Tribunal erred in its statutory interpretation, finding that insurers cannot require section 44 examinations for prescription medication claims because such claims are not submitted through treatment and assessment plans.
