There were two preliminary issues raised during this hearing. First, the insurer sought to bar the claimant from proceeding to a hearing on an IRB denial due to their failure to attend an EUO. The claimant had attended an EUO, but was not able to complete it due to a “terrible headache”. The EUO was terminated, and it was anticipated by both counsel that it would be rescheduled. However, the insurer never rescheduled the EUO, and did not provide notice to the claimant of where and when she needed to attend to complete the EUO. Vice Chair Maedel held that the claimant had not failed to attend a subsequent, properly scheduled EUO. Since non-attendance had not occurred, Vice Chair Maedal found that a suspension of benefits under s. 33 of the Schedule could not be granted. Second, the insurer sought to bar the claimant from commencing an application due to their failure to comply with s.44 of the Schedule, and their failure to attend two remaining CAT insurer’s examinations (physiatry and OT). The insurer sent a notice of examination that provided the medical reasons for the examination, and included information relating to the time, date, place, and name, professional designation and specialty of the assessor. The claimant initially resided in Calgary, Canada, and later moved from Canada to Amsterdam in the Netherlands. The insurer was not aware that the claimant had travelled to Amsterdam, and the location of the physiatry IE was noted as Calgary. Vice Chair Maedal found that this NOE complied with s. 44(5)(a) of the Schedule, and was not served with foreknowledge that the claimant was already in Amsterdam. Vice Chair Maedal then concluded that the physiatry IE was reasonable and necessary, and ordered a stay of the application for 120 days for the physiatry IE to be completed.
