Vice-Chair Helt dismissed the insurer’s request for reconsideration. The insurer alleged that the LAT violated the rules of natural justice and procedural fairness and made significant errors of law. The parties had agreed upon a document exchange deadline. The claimant brought a motion following the deadline, requesting an opportunity to file an affidavit. The LAT allowed the claimant to file the affidavit, but limited the scope of the affidavit to an orthopaedic assessment. The insurer was not permitted to cross-examine the claimant on her affidavit. Vice-Chair Helt held that any prejudice resulting to the insurer was remedied with the opportunity to respond to the affidavit. The Vice-Chair also held that there are instances where additional evidence may be allowed to be filed after deadlines if it is in the interest of ensuring there is a complete record before the adjudicator. In this matter, the LAT allowed the additional affidavit evidence, but limited it in scope and provided the insurer an opportunity to respond.
