M.G. v. Certas Direct Insurance Company (18-006807)

The claimant sought to add a claim for a physiatry assessment to the issues in dispute. The claimant had died one day after the physiatry assessment took place. The insurer argued that the issue should not be added because the claimant failed to attend the IE (after he had died). Vice Chair Marzinotto permitted the addition of the physiatry assessment because it would have been unfair and a waste of resources to require the deceased’s estate to submit a new LAT application.