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An insurer is not required to provide a specific justification when requesting an examination under oath under the Statutory Accident Benefits Schedule.
The appellant insurer appealed a decision dismissing its application for a declaration that it was not required to provide a justification for requesting examinations under oath of statutory accident benefits claimants.
The application judge had found that section 33(4)3 of the Statutory Accident Benefits Schedule required insurers to provide a specific justification or reason for requesting such examinations.
The Court of Appeal allowed the appeal, holding that section 33(4)3 does not require an insurer to provide a justification for its request that an applicant attend an examination under oath.
A general statement of the purpose of the examination that gives the applicant notice of the general type of questions that will be asked is sufficient.
