C.P. v. Aviva General Insurance (19-002331)

The claimant applied to the LAT seeking entitlement to a chronic pain assessment and physiotherapy treatment. The insurer sought a determination that the claimant was barred from proceeding to the LAT on the basis that she failed to attend s. 44 assessments. Adjudicator Grant found that the claimant failed to attend s. 44 assessments on five separate occasions, and there was no evidence to explain the non-compliance. The claimant was barred from proceeding to the LAT pursuant to s. 55 of the SABS.