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Insurer's preliminary issue dismissed; applicant not precluded from mediation as DAC assessment was improperly scheduled.
The applicant was injured in a motor vehicle accident and sought physiotherapy expenses.
The insurer raised a preliminary issue, arguing the applicant was precluded from proceeding to mediation under s. 71(1) of the Statutory Accident Benefits Schedule because he failed to attend a Designated Assessment Centre (DAC) assessment in 1996.
The arbitrator found that the insurer failed to schedule the assessment at the closest DAC and failed to obtain the required s. 37 certificate.
As the requested assessment was not authorized under the Schedule, the applicant did not fail to make himself reasonably available and was not precluded from proceeding to mediation.
The preliminary issue was dismissed.
