The applicant sought statutory accident benefits following a motor vehicle accident.
The respondent raised preliminary issues, arguing the application was barred because the applicant failed to attend two scheduled insurer's examinations and incurred the cost of an in-home assessment before submitting a treatment plan.
The Tribunal found the applicant failed to attend the properly requested examinations without explanation, barring the application under section 55 of the Schedule.
The Tribunal also found the assessment expense was incurred before the treatment plan was submitted, relieving the respondent of liability under section 38.
The application was dismissed, and the respondent's request for costs was denied.
