R.B. v. Aviva Insurance Company of Canada (18-011209)

The insurer requested reconsideration of a decision that found the claimant was not precluded from applying to the LAT for failure to attend IEs. The LAT found in its initial decision the insurer’s IE notices for attendant care and psychological assessments did not comply with the SABS because it did not provide sufficient medical and other reasons. The insurer argued that the Tribunal placed too high a burden on the insurer in detailing the medical and other reasons, and that the Tribunal failed to take into account the lack of medical records provided by the claimant to support the alleged injuries. Adjudicator Maleki-Yazdi agreed with the claimant’s submissions that no matter what information the insurer had at the time it requested an IE, it was required to comply with s.44(5)(a) of the SABS. Adjudicator Maleki-Yazdi dismissed the reconsideration request.