The claimant disputed a determination of catastrophic impairment and entitlement to attendant care benefits. The insurer argued that the claimant failed to attend an IE and was barred from proceeding with the hearing. Adjudicator Chakravarti permitted the claimant to proceed. The request for the IE to address attendant care benefits was not made in accordance with section 42 because the request was not made after receiving a new Form 1 or made following a request for an updated Form 1 from the claimant. However, the adjudicator indicated that the insurer could request a new IE in the future (and in advance of the hearing), if the request complied with section 42. In that regard, the adjudicator set out a timeline for the parties to make any necessary requests in advance of the hearing.
