The claimant sought a determination that he sustained a catastrophic impairment, and entitlement to IRBs and various medical expenses. The insurer argued that the claimant was barred from proceeding with a catastrophic impairment determination until he attended a neurological IE, and also argued that the claimant was barred from proceeding with the claims for IRBs and medical benefits due to the limitation period. Adjudicator Boyce found that the insurer’s proposed IE was reasonably necessary for a determination of CAT and the request was timely, made in good faith, and appropriate. Therefore, Adjudicator Boyce concluded that the claimant was barred from proceeding with the CAT dispute until the he attended the IE. Secondly, Adjudicator Boyce found that the claimant’s delays of 130 and 334 days were unacceptable. The claimant failed to demonstrate why not extending the limitation would prejudice him or why the Tribunal should assign greater weight to this factor.
