S.R. v. Aviva Insurance Canada (17-008249)

The claimant sought reconsideration of the Tribunal’s decision that he was barred from pursuing his claim due to failure to attend an orthopaedic assessment. Vice Chair Marzinotto granted the reconsideration due to the failure of the insurer to note the IE assessor’s regulated health profession. It was the insurer’s obligation to provide that information, not the claimant’s job to investigate it. Vice Chair Marzinotto also ordered that because the insurer ceased payment of IRBs based on the IE non-attendance, which was improper, that IRBs were to be paid for the ten month suspension.