The claimant sought non-earner benefits, a special award and interest. The insurer raised a preliminary issue to determine whether the claimant was precluded from proceeding with her application as she failed to attend a s.44 IE. The insurer also sought costs of the failed IE attendance. The claimant argued that the insurer did not provide sufficient notice of the IE and the IE was not reasonably necessary given the OCF-3 was provided. In addition, the claimant maintained that the insurer did not provide sufficient explanation for the denial of her non-earner benefit and did not disclose its “medical reasons”. The adjudicator found that the claimant was barred from proceeding with her application for failure to attend the IE without reasonable explanation. The adjudicator indicated that the claimant’s argument that she demonstrated entitlement to non-earner benefits and her entitlement for some or all of the time since the accident was irrelevant to the preliminary issue. The evidence did not support the claimant’s argument that the explanations and notice of the IE were unclear and did not disclose sufficient reasons. The application was dismissed, but no costs were awarded to the insurer.
