The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer following an insurer examination.
More than three years later, after the applicant underwent knee and hip replacement surgeries and applied for arbitration, the insurer requested a further examination by the same doctor.
The applicant refused to attend.
The arbitrator held that the applicant was not precluded from proceeding to arbitration, finding that the requested examination did not meet the requirements of section 42 of the Statutory Accident Benefits Schedule.
The arbitrator concluded that the primary purpose of the examination was to prepare for the upcoming arbitration hearing rather than to determine entitlement to a benefit.
