N.L. v. Aviva Insurance Company (18-011431)

The claimant applied to the LAT seeking entitlement to chiropractic treatment, a psychological assessment, and an orthopaedic assessment. The insurer raised the preliminary issue of whether the claimant was barred from proceeding with her claim for the psychological assessment as she failed to submit to an insurer’s examination. Adjudicator Maleki-Yazdi found, pursuant to s. 55 of the SABS, that the claimant was barred from applying to the LAT for all of the benefits in dispute for failure to attend the IE psychology assessment, until such time as the claimant attended the assessment.