Dino v. Travelers Insurance (20-005704)

The insurer brought a motion for suspension of the claimant’s benefits due to his failure to attend an examination under oath seven months prior to a scheduled hearing. Adjudicator Mazerolle granted the suspension. He rejected the claimant’s argument that there was a temporal limitation on when an insurer could request an examination under oath. The notice provided to the claimant was sufficient to satisfy the requirements of section 33. Adjudicator Mazerolle declined to decide whether the claimant had a reasonable explanation for the non-attendance.