The applicant was injured in a motorcycle accident and applied for income replacement benefits, which the insurer denied because the applicant failed to attend a section 44 insurer examination.
The applicant argued he had a medical note excusing his attendance.
The Tribunal found that while the medical note provided a reasonable explanation for missing the initially scheduled examination, it did not excuse the applicant's failure to attend the rescheduled examination or make subsequent attempts to reschedule.
The Tribunal held that the applicant is barred under section 55(2) of the Schedule from proceeding with his application until he attends the insurer examinations.
