The claimant sought removal from the MIG, and entitlement to various medical benefits and cost of examinations. The insurer, in addition to opposing the claims, argued that the claimant failed to comply with section 33 requests, and sought costs. Adjudicator Ferguson concluded that the claimant had failed to comply with the numerous requests under section 33, and also had failed to provide a reasonable explanation for doing so. Adjudicator Ferguson noted that an explanation for non-compliance must be provided promptly after the reason for inability to provide information is known. Adjudicator Ferguson saw no reason why the claimant could not comply with the requests, and he found no evidence that either the claimant or his counsel attempted to work with the insurer over the course of the claim to gather the information. Adjudicator Ferguson also awarded the insurer costs in the amount of $250, noting that the claimant’s submissions and behaviour “so strain credibility and credulity that they do not support any contention that they are reasonable, good faith contentions, and the proceeding has wastefully consumed … time and resources.
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