The claimant attended IEs addressing her determination of a catastrophic impairment, but refused to allow the IE facility to release the assessment reports, arguing that the insurer’s use of a third party to conduct the assessments violated her privacy rights and Charter rights. Adjudicator Norris held that the claimant’s refusal to allow the IE facility to release its reports to the insurer was tantamount to refusal to participate in the IE process. He stayed the proceeding until the claimant participated in the IE process and permitted the IE reports to be released. He also held that the insurer was permitted to use a third party entity to conduct the IEs, and there was no reason why the disclosure of the claimant’s medical records to the IE facility was unlawful.
