The claimant sought reconsideration of the Tribunal’s decision that she was barred from litigating her claim due to failure to attend two IEs. The insurer argued that the claimant’s request for reconsideration was filed beyond the 21 as required in the Rules. Vice Chair Farlam noted that the request was only a single business days outside of the 21 day time limit as required by Rule 18.1. Vice Chair Farlam relied upon Rule 3.1(a) in order to facilitate a fair, open and accessible process and allowed the matter to proceed. Vice Chair Farlam examined the facts in evidence and found that the Tribunal had not made an error with the original decision. She noted the consistency of facts in the decision, that the claimant did not provide a reasonable explanation for not attending the examinations, and that the claimant did not provide sufficient evidence to prove the claims made at the hearing. The request for reconsideration was denied.
