U.P. v. Co-operators General Insurance Company (19-001881)

The claimant sought entitlement to one treatment plan and removal from the MIG. The insurer argued that section 55 barred the claim because the claimant failed to attend a physiatry IE. The claimant did not dispute the contents of the notice, but argued that she had not received it. Adjudicator Reilly accepted that the claimant did not receive the notice and that her counsel did not inform her of the IE. However, the adjudicator exercised its discretion to allow the insurer to reschedule the IE, and ordered the claimant to attend.