What considerations have been considered in the context of insurer’s examinations?

Ontario, Canada


The following excerpt is from 16-000693 v Aviva Insurance, 2017 CanLII 19192 (ON LAT):

17. I find the list of considerations in Al-Shimasawi v. Wawanesa a compelling tool for guidance in assessing the reasonableness of the frequency of requests for insurer’s examinations, the necessity of the requests and the number of assessments. In this case, according to the OCF-3 disability certificate of her family physician dated April 28, 2016, the applicant was diagnosed with neck pain, dizziness, concussion, depression, soft tissue muscular, and low back pain sciatica. It is clear, based on the applicant’s occupational therapy assessment by her own occupational therapist on April 15, 2016, that there is a more than reasonable nexus between a functional abilities evaluation by an occupational therapist and the applicant’s injuries.

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