The claimant sought entitlement to a special award and interest on an approved OCF-18 for a psychological assessment. The claimant was involved in an automobile accident in September 2018. In March 2020, the respondent contacted the claimant about scheduling section 44 IE assessments to determine her eligibility to receive benefits. These assessments were rescheduled several times due to the claimant’s refusals to attend. The inability to conduct assessments resulted in the respondent deeming that the claimant was to remain within the MIG until such time that further information could be provided or an assessment conducted that would justify MIG removal. Upon compliance, the claimant was removed from the MIG. Adjudicator Fogarty determined that the claimant was not entitled to a special award. The respondent’s response was reasonable and proportionate, showing great flexibility in its many attempts to reschedule the IE assessments and offering accommodations at each juncture. Adjudicator Fogarty also found that the claimant was entitled to interest on an approved psychological assessment for the period of April 4, 2023 (the day after the assessment was approved) until payment was received from the respondent, at the rate of 1% per month, compounded monthly and prorated by day, to the date on which the overdue amount was paid. Adjudicator Fogarty emphasized that when the benefit became payable was the point in which the benefit became due and on the following day that amount owed became overdue.
