The claimant sought removal from the MIG and entitlement to various medical benefits. The insurer scheduled IEs, which the claimant refused to attend, arguing that the insurer should conduct a paper review. Vice Chair McGee rejected the claimant’s argument that section 44(3)(a) bars the insurer from requesting an in-person IE for a MIG determination. Moreover, the benefits in dispute were not payable within the MIG as they would have exceeded the funding available for minor injuries. Vice Chair McGee found that the Notices of Examination satisfied the requirements of section 44(5) as they clearly stated the medical and other reasons for the examination. The claimant had not provided a valid explanation for his non-attendance and in the circumstances, it would be inappropriate to permit his application to proceed. The claimant was barred from proceeding with the LAT dispute.
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