S.S. v. Aviva Insurance Company (16-002772)

The insurer argued in this preliminary motion that the claimant was barred from pursuing the claimed medical benefits due to his non-compliance with attending IEs. The claimant resisted the motion, arguing that the insurer’s IE notices were insufficient. Adjudicator Truong referred to the FSCO decision in Augustin and held that the insurer’s notice were compliant with the SABS, and that the claimant was barred from pursuing the claimed medical benefits. The claim was therefore dismissed.