The claimant was denied benefits for non-compliance with s. 44 of the SABS after failing to attend psychological and physical insurer’s examinations . The claimant appealed to the LAT and was found statute-barred based on the two-year limitation period and non-compliance with s. 44. The limitation period was paused under O.Reg 73/20 due to COVID-19. The Tribunal added 183 days in addition to the two-year limitation period in their calculation; however, the claimant still fell outside the prescribed limits period. The limitation period was deemed to be a hard limit and the Tribunal refused to exercise their s.7 discretion to extend it as the claimant did not request the extension. The insurer was diligent in rescheduling the IE appointments twice and provided notice of the appointment and notice that they were missed. The insurer must prove to the Tribunal that the notice of examination complies with the SABS. It was held that the notice of examination was compliant. Tribunal refused to exercise its s. 7 discretion because the claimant did not provide a reasonable explanation for non-attendance at the IEs.
