The insurer requested reconsideration of part of a decision made by external counsel for the Tribunal during a case conference. At the case conference, the insurer requested the determination of the preliminary issue of whether the claimant was precluded from proceeding with his application to the LAT because he failed to attend IEs. External counsel directed that this preliminary issue would be heard with the issues in dispute at an in-person hearing. Adjudicator Jovanovic granted the request for reconsideration and held that the insurer was not afforded procedural fairness when its request for a determination of the preliminary issue was denied without reasons. Both parties should have the benefit of a decision on the preliminary issue before incurring the expenses of a full hearing. Adjudicator Jovanovic held that the preliminary issue would be determined first, and the balance of the hearing would be adjourned pending the release of a decision on the preliminary issue.
