In a dispute over statutory accident benefits, the insurer brought a pre-hearing motion seeking the production of medical reports and raw data from two doctors prepared for the applicant's tort action.
The applicant objected, citing the implied undertaking rule and arguing the insurer had sufficient medical evidence.
The arbitrator ordered the production of the documents, finding that the applicant had waived any right to deny access by providing the tort reports to his own experts in the arbitration, who relied on and commented on them.
The insurer was entitled to the documents to properly respond to and cross-examine the applicant's experts.
