The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent raised preliminary issues regarding whether the applicant was barred from proceeding due to non-compliance with requests for information and failure to attend insurer's examinations.
The Tribunal held that the applicant was barred from disputing entitlement to a chronic pain assessment because he failed to attend a properly scheduled insurer's examination without a reasonable explanation.
However, the applicant was not barred from disputing entitlement to income replacement benefits, as an Employer's Confirmation Form is not required to initiate a claim, and barring the entire application for missing an examination related to a discrete issue would be disproportionate.
The issue of repayment of income replacement benefits was deferred to the substantive hearing.
