The Tribunal initially held that the claimant failed to attend IEs related to post-104 week IRBs. The claimant applied for reconsideration and was successful. Executive Chair Lamoureux held that the IE notice sent to the claimant did not provide sufficient reasons, in particular because the insurer had simply restated its reasons from IEs related to initial entitlement to IRBs that “the impairments identified do not appear clearly or directly caused by the accident.” The Executive Chair reasoned that this notice would not have informed an unsophisticated person why a further IE was required for a benefit that had been granted and was being paid. The Executive Chair also held that the claimant need not raise the issue of the IE notice contents at the time of the IE, and that the issue could be raised for the first time during litigation.
