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Interim benefits denied because applicant failed to attend requested examination under oath.
The applicant sought interim attendant care and housekeeping benefits following a motor vehicle accident.
The insurer opposed the motion, alleging the applicant's wife did not suffer an economic loss and raising late allegations of misrepresentation based on undisclosed surveillance evidence.
The arbitrator found the applicant established a prima facie case for interim benefits and refused to consider the ambush surveillance evidence.
However, because the applicant failed to attend a requested examination under oath, the arbitrator held that benefits were suspended under the Schedule.
The motion for interim benefits was denied and suspended pending compliance with the examination under oath.
