The claimant sought entitlement to benefits and the parties attended a case conference where the insurer raised the preliminary issue of whether the claimant was statute barred from proceeding with her claim for the non-earner benefit and assistive devices pursuant to section 55 of the Schedule because the claimant failed to attend the insurer’s section 44 IE requests. Vice Chair Johal concluded that the claimant was barred by virtue of section 55 from proceeding with her claim for non-earner benefits and assistive devices as a result of the non-attendance with the insurer’s section 44 IE requests. Vice Chair Johal found that the insurer made reasonably necessary requests for IE examinations and the claimant did not attend and did not provide a reasonable explanation for her non-attendance. With respect to the IE notices, the insurer was found in compliance with the Schedule as each notice set out (1) the medical and other reasons for the assessment, (2) the name of the assessor, (3) the profession of the assessor, and (4) the date, time and location of the assessment that the claimant was required to attend. The claimant failed to address the insurer’s submissions of her failure to attend the IE assessment.
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