The claimant sought entitlement to pre-104 week and post-104 week IRBs. The insurer denied the claimant’s entitlement and argued that section 33 barred the claim as the claimant failed to provide information relating to his place of residence, which was relevant to a potential section 31 exclusion. Adjudicator Maleki-Yazdi found that the claimant did not meet the medical test for IRBs during either the pre-104 week or post-104 week period. Even if the claimant had met either test, the adjudicator held that it was reasonable for the insurer to request information relating to the claimant’s place of residence as the policy was issued to an address other than the address on the OCF-1 and OCF-3. The claimant’s refusal to provide the information was not reasonable. Additionally, the claimant failed to comply with section 33 requests for medical records, despite the insurer agreeing to pay for the cost of obtaining the requested records. The claimant argued that he had not received the section 33 requests. The adjudicator rejected the claimant’s explanation for non-compliance, as the letters were also sent to his counsel, and therefore deemed to have been received by him.
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