The preliminary issue in this matter is whether the claimant was barred from proceeding with his claims because he failed to comply with s. 44 of the Schedule by not attending properly scheduled IEs. The claimant argued that the insurer arranging IEs to address whether the claims were reasonable and necessary was inconsistent with the previous version of the Schedule. Adjudicator Boyce found that the 1996 SABS had no applicability as the accident occurred on August 13, 2016. The Tribunal could not read in language from an old regulation simply because it would assist the claimant. Adjudicator Boyce also found that the notices were proper as they provided the type of IE, the location, date, time, and the assessor’s name and credentials. The notices also included sufficient medical and other reasons as there was a significant gap in the medical documentation provided at the time of the requested assessments. Finally, the IEs requested were found reasonable and necessary as there was no delay, there was a reasonable nexus between the IEs and the claimant’s impairments, they were the first OCF-18s of their kind, and, as previously stated, there was a gap in the medical documentation. As a result, Adjudicator Boyce concluded that the claimant was statute-barred from proceeding with his claim.
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