W.C. v. Aviva Insurance Canada (19-000454)

The claimant sought entitlement to IRBs; the insurer argued that section 55 barred the dispute because the claimant failed to attend IEs. Adjudicator Punyarthi held that the insurer, rather than the claimant, failed to comply with section 44 by failing to make the IEs on a date, time, and location that was convenient to the claimant. Further, the claimant’s requests to reschedule the IEs were not responded to by the insurer. The IRB dispute was permitted to proceed.