Category: IE Non-Attendance

The claimant sought IRBs during a period in which he was in non-compliance with the requirement to attend an IE. He argued that there were no “medical and any other reasons” in the IE notice. Adjudicator Richards upheld the non-payment of IRBs, stating there is no requirement to “invent” a medical reason; medical and other reasons are unique to each case and in this case the level of the claimant’s recovery and future prognosis were valid medical and other reasons.

The claimant failed to attend an IE due to the notice letter being lost between his wife and parents’ mail. Adjudicator Marzinotto found NEBs payable for the period the claimant was held in non-compliance because he was credible. Although it would have been reasonable for the claimant to provide an updated address, his failure to do so was forgiven due to his many different rehabilitation stays for addiction.