The Insurer filed a Request for Reconsideration of a hearing decision that allowed the claimant to proceed with her application despite non-attendance at insurer examinations requested under s. 44 of the SABS. The hearing adjudicator had ordered the respondent to attend the insurer examinations as a condition to allowing the claimant to proceed. The insurer had been ordered to provide the claimant with new examination dates within 35 business days of receiving the hearing decision. The insurer argued in the Request for Reconsideration that due to the prejudice it suffered as a result of the claimant’s failure to attend numerous examinations over a period of years, the claimant should be barred from proceeding with her application. Vice Chair Trojek dismissed the insurer’s request that the claimant be completely barred from proceeding with the LAT application. Vice Chair Trojek found that the hearing decision did not violate the rules of natural justice or make a significant error in law or fact.
