L.P. v. Aviva General Insurance (19-012718)

The claimant sought entitlement to NEBs, removal from the MIG, and various medical benefits. The insurer argued that the claimant’s failure to attend IEs barred her right to proceed with a hearing. Adjudicator Farlam agreed with the insurer and dismissed the application. The insurer had requested IEs to address the claims, and the claimant did not attend any of the IEs (including rescheduled IEs). The IE notices complied with section 44, and the medical and other reasons for the IEs were provided. The claimant did not have a reasonable explanation for not attending the IEs. Over three years had passed since the IEs had been requested, and the insurer was now prejudiced in its adjusting of the claim even if the claimant were to attend new IEs. The LAT application was dismissed.