The claimant sought catastrophic injuries from an ATV accident. He applied to the LAT in relation to IRBs and HK expenses, which had been denied after the claimant returned to work. The insurer argued that the claimant was barred from proceeding with the dispute due to his failure to attend IEs. Adjudicator Boyce acknowledged that the IEs were only requested after the LAT application was made, but that the requests were timely, reasonable, made in good faith, and appropriate given that the insurer did not have any medical opinions regarding the disputed benefits. He also wrote that there was no prejudice to the claimant by attending the IEs (he may even be found entitled to the benefits). Finally, the alleged deterioration of the claimant’s condition warranted a thorough set of IEs.
