A motion was brought by the claimant for an order to add additional witnesses (the current claims adjuster and the case manager) and to allow the filing and use of certain documents from the OT’s updated records requested by the insurer to be admitted into evidence. The motion to add the two additional witnesses was dismissed and the filing and use of the new documentary evidence at the hearing was granted. The insurer argued the claimant should not be allowed to rely on the two additional witnesses but consented to the filing and use of the new documentary evidence. The claimant argued that it should be permitted to call the current adjuster who had taken transfer of the file. The previous adjuster, who no longer worked for the insurer, did not have access to the complete AB claims file. The claimant further submitted that he would be prejudiced if the current adjuster was unable to speak to her awareness and adjusting of the claim given recent developments in the claimant’s level of impairment and attendant care needs. The claimant also submitted he would be prejudiced without the testimony of the case manager, who had been his case manager since February 2021 and had provided multiple updates in regard to his impairments and attendant care needs. Adjudicator Gosio reasoned that the addition of two new witnesses were not in compliance with the disclosure requirements set out in the Case Conference Order which indicated the parties were to disclose the evidence and witnesses before the hearing. No motion was brought to extend or vary this deadline. Adjudicator Gosio indicated the timelines in the order were set to ensure the parties had a fair hearing and were not surprised by last minute evidence. The purpose of the Rules is to ensure a fair, efficient and timely resolution of the matter. The hearing in this matter was originally set for 6 days, yet 9 additional days had already been added. A further delay was not justified by adding the additional witnesses.
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