The claimant sought a determination that her impairments were outside of the MIG and entitlement to benefits proposed in two treatment plans for physical rehabilitation and one treatment plan for a psychological assessment. The insurer raised a preliminary issue, submitting that the claimant was precluded from adjudicating the issues in dispute for failure to attend s. 44 assessments. The claimant submitted that the notices of assessment did not comply with the requirements of s. 44 of the SABS. The preliminary issue hearing was held in writing. Adjudicator Makhamra held that the claimant could proceed with the application for the proposed physical treatment because after the claimant failed to attend the in-person assessment, the insurer proceeded with a s. 44 paper review. As the s. 44 paper review was completed and the claimant’s attendance was not required, Adjudicator Makhamra found there was no longer an issue of non-compliance with s. 44 in relation to the physical assessment. Adjudicator Makhamra found that the insurer’s notices of a psychological assessment were compliant with s. 44(5) of the SABS, and the medical and other reasons provided for the assessment met case law requirements. Adjudicator Makhamra held that the claimant was precluded from proceeding with the claim for a s. 25 psychological assessment as she failed to attend the s. 44 assessment.
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