The claimant failed to attend four separate IEs arranged by the insurer to address post-104 IRBs. The insurer filed a Notice of Motion requesting that the claimant’s application be dismissed. The insurer argued that insufficient medical evidence had been provided by the claimant, and an independent medical opinion was needed in order to properly address the issue of IRB entitlement. The insurer added that it would be extremely prejudiced going forward without such an opinion. The claimant argued that four assessments were not reasonable to determine entitlement to IRBs. The claimant countered that a single orthopaedic examination would be sufficient to address the issue as his physical injuries were the main issue in the claim. The claimant argued the remaining proposed IEs would be an unnecessary, an attempt by the insurer to “round up the usual suspects” and an intrusion into the claimant’s privacy. Vice Chair Maedel noted that the claimant’s file did not have any history of psychological complaints, nor was the claimant alleging a psychological disability or requesting treatment. Vice Chair Maedel found that the insurer’s request for a psychiatric examination was not reasonable as there was no history of a psychological impairment or a claim for treatment. The remainder of the examinations consisting of orthopaedic, functional abilities and vocational assessment were considered reasonable and necessary. The application was stayed for 120 days for the insurer to schedule the three IEs.
