J.C. v. Western Assurance Company (18-009726)

The claimant requested reconsideration of the Tribunal’s previous decision which precluded her from proceeding to a hearing on IRBs for failure to attend IEs. IRBs were terminated based on orthopaedic and occupational therapy IE reports. The claimant provided the insurer with further medical documentation, and in turn, the insurer arranged for further IE reports to address the new information. The claimant refused to attend, arguing that the medical documents themselves were enough information to determine entitlement. The insurer placed the claimant in non-compliance. The claimant then applied to the LAT to determine IRB entitlement. Vice Chair Lester denied the request for reconsideration, noting that the claimant gave no specific examples of errors in law with regard to her alleged compliance with the IE requests.