The insurer sought to have this claimant’s application dismissed or stayed due to the claimant’s failure to attend an IE relating to the MIG and a treatment plan. The insurer had not performed an IE of the claimant in the four years that the claim had been active, and had been prejudiced by being unable to gather a medical opinion of the claimant’s post-accident functioning. The claimant argued that the IE notice had in fact been sent to her previous address, and that she was unaware of it due to the error. The claimant reported that she was willing to remedy the situation, and attend an IE at the insurer’s request. The claimant noted that it would unfair to dismiss her entire claim due to a single missed IE, especially when she was willing to remedy the situation. Vice Chair Maedel agreed to stay the application for 120 days while the insurer scheduled a physiatry IE. The motion to dismiss the application was rejected, as it would be unduly prejudicial and contrary to the rules of fairness.
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