The insurer brought a preliminary issue hearing on the grounds that the claimant was barred from proceeding with her application for catastrophic determination and post-104 IRBs for failure to attend section 44 IEs. Adjudicator Boyce agreed with the insurer, and found that the claimant was barred from proceeding with her application. The insurer had a right to a full answer and defence where a claim for catastrophic impairment had been made, and was entitled to be on equal evidentiary footing with the claimant. The claimant’s non-attendance at properly scheduled section 44 IEs frustrated the insurer’s right.
