Sumitha Pudupakkam

The insurer brought a motion to compel the applicant to attend a psychological examination under section 42 of the Statutory Accident Benefits Schedule.

The applicant opposed the motion, arguing that the insurer delayed its request and was seeking the examination to bolster its case for the upcoming arbitration hearing.

The arbitrator found that the insurer's request was reasonable, as the applicant claimed ongoing inability to work due to psychological impairments, and there was no evidence that the delay caused prejudice or would postpone the hearing.

The motion was granted, and the arbitration was stayed pending the applicant's attendance at the examination.

The insurer brought a motion for an order compelling a third party, Canadian Tire, to produce the applicant's complete employment file.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer argued the employment file was relevant to determining whether the applicant suffered a complete inability to engage in employment for which she was reasonably suited.

The arbitrator found the employment file was relevant and necessary for the arbitration hearing.

The third party consented to production.

The arbitrator ordered the third party to produce the file and noted the applicant's agreement to waive the 30-day document production rule.