The claimant disputed a catastrophic impairment designation. The insurer argued that the claimant failed to attend IEs, and that he was barred from proceeding with the LAT dispute. Adjudicator Lake dismissed the preliminary issue, holding that the insurer failed to prove the claimant failed to attend IEs. According to the documentary record, the claimant did attend the IEs, but the reports had not yet been provided to the insurer. Further, there was no evidence that the claimant failed to comply with obligations under section 44 regarding requests for documentation. Adjudicator Lake also noted that documentation requests made under section 44 could only be made after the IEs were scheduled, reiterating that section 44(9) required production of such documentation no later than 5 days before the IE.
