The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer refused to pay income replacement benefits because the applicant failed to attend an independent medical examination.
The arbitrator held that the applicant was not barred from proceeding to arbitration because she had no outstanding claim for benefits when the examination was requested, and she had valid reasons for distrusting the insurer's doctors based on prior examinations.
The arbitrator also determined that pre-accident self-employment losses are not deducted from employment income when calculating gross income for income replacement benefits.
The applicant's claim for a special award was dismissed because her late application prejudiced the insurer.
