The insurer brought a motion seeking an order that the claimant attend a neurological and psychiatric assessment under s. 42(3) of the Statutory Accident Benefits Schedule, and for an adjournment of the upcoming arbitration hearing.
The claimant opposed, arguing the assessment was sought for evidentiary purposes rather than to adjust the file.
The arbitrator found that the insurer had been aware of the potential need for such assessments since 2002 but failed to request them until shortly before the hearing, and offered to cancel the assessment if the claimant abandoned her neuropsychological claims.
The arbitrator concluded the assessment was sought to bolster the insurer's case at arbitration and was not reasonably necessary.
The motion was dismissed, and the insurer was ordered to pay $500 in expenses.
