The applicant was injured in a motor vehicle accident and sought funding for a driving reintegration assessment.
The respondent insurer denied the treatment plan and scheduled an insurer's examination (IE), which the applicant failed to attend.
The respondent argued the applicant was barred from proceeding to a hearing under s. 55(1)2 of the Schedule.
The Tribunal found that the respondent's notice of examination was defective as it failed to provide specific medical reasons for the examination, relying instead on boilerplate language that did not address the applicant's actual condition or the benefit in dispute.
Because the notice did not comply with s. 44(5) of the Schedule, the respondent could not rely on the applicant's non-attendance to bar the application.
The applicant was permitted to proceed to a hearing.
