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Applicant ordered to attend insurer examination despite insurer's failure to request it within statutory timeline.
The applicant sought a determination of catastrophic impairment following a motor vehicle accident.
The respondent denied the designation but failed to request an insurer examination (IE) within the 10-day timeline required by section 45(3)(b) of the Schedule.
The applicant argued he was not required to attend an IE requested months later.
The Tribunal held that the Schedule does not prescribe a consequence for non-compliance with section 45 timelines.
Citing procedural fairness and the respondent's ongoing duty to adjust the claim, the Tribunal ordered the applicant to attend the IE and stayed the appeal application for four months to allow the assessment to be completed.
