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Insured not barred from proceeding with benefits claim where insurer's notices of examination lacked required medical reasons.
The respondent insurer brought a motion to bar the applicant from proceeding with his claim for income replacement benefits due to his failure to attend insurer's examinations under section 44 of the Statutory Accident Benefits Schedule.
The Tribunal found that the notices of examination provided by the respondent were deficient as they lacked specific medical and other reasons for the examinations, failing to comply with section 44(5).
Consequently, the applicant was not barred from proceeding with his claim.
Both parties' requests for costs were denied.
