<Attendant Care Benefits and s.44 Insurer Examinations>

-The MVA claimant can apply for an attendant care benefit by submitting an Assessment of Attendant Care Needs (Form 1).
And, the Form 1 is, in general, completed by his treating Occupational Therapist.
And, the Insurance Company can exercise its right under s. 44 of the SABS to have the claimant assessed by a different Occupational Therapist of its choice.

-The claimant is under a duty to cooperate with the insurer’s assessor.
The claimant can be barred from applying to the Tribunal for a determination on attendant care benefits pursuant to s. 55(1)2 of the SABS for failure to attend an insurer’s examination scheduled under s. 44 of the SABS.

-As the MVA claimant’s claim for an attendant care benefit can be stayed pending his attendance at a s. 44 insurance examination, he needs to comply with this examination.