The insurer brought a motion to dismiss the LAT application for failure to attend IEs and failure to disclose relevant documents in a timely matter. Adjudicator Flude found that the claimant’s failure to attend properly scheduled IEs was grounds for dismissal of the LAT application. A reasonable explanation for non-compliance with the IE had not been provided. Adjudicator Flude found that there was no authority under section 33 to dismiss the application for failure to disclose documents. It was noted that section 33 has its own remedies, including suspension of benefits during periods of non-compliance, absent a reasonable excuse.
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