K.B. v. Aviva General Insurance (18-011950)

The Tribunal addressed three preliminary issues in this decision: whether the claimant’s failure to attend an IE barred the dispute for a chronic pain assessment and IRBs, whether the claimant’s failure to submit documentation resulted in a section 33 suspension, and whether the insurer was entitled to repayment of IRBs. Adjudicator Norris held that failure to comply with section 33 did not bar the application, but could result in non-payment following the hearing on the merits. He also noted that failure to submit an OCF-2 was not fatal to an IRB claim and was not necessary for an application for IRBs. The claimant’s failure to attend an IE barred the dispute for a chronic pain assessment. It did not bar the IRB claim because the missed IE was not scheduled in relation to IRBs. The issue of repayment was deferred to the main hearing.