44.
 44. (1) For the purposes of assisting an insurer to determine if an insured person is or continues to be entitled to a benefit under this Regulation for which an application is made, but not more often than is reasonably necessary, an insurer may require an insured person to be examined under this section by one or more persons chosen by the insurer who are regulated health professionals or who have expertise in vocational rehabilitation.  O. Reg. 34/10, s. 44 (1). (2) Despite subsection (1), if a Guideline specifies conditions, restrictions or limits with respect to the determination of whether an impairment is a catastrophic impairment and the purpose of the examination is to determine whether the insured person has sustained a catastrophic impairment, the determination must be made in accordance with those conditions, restrictions and limits.  O. Reg. 34/10, s. 44 (2). (3) Subsection (1) does not apply with respect to, (a)  a benefit payable in accordance with the Minor Injury Guideline; or (b)  a funeral benefit or death benefit.  O. Reg. 34/10, s. 44 (3). (4) Subject to subsection (7), an examination under this section may be limited by the insurer to an examination of material provided under subsection (9) in respect of the insured person without requiring the attendance of the insured person.  O. Reg. 34/10, s. 44 (4). (5) If the insurer requires an examination under this section, the insurer shall arrange for the examination at its expense and shall give the insured person a notice setting out, (a)  the medical and any other reasons for the examination; (b)  whether the attendance of the insured person is required at the examination; (c)  the name of the person or persons who will conduct the examination, any regulated health profession to which they belong and their titles and designations indicating their specialization, if any, in their professions; and (d)  if the attendance of the insured person is required at the examination, the day, time and location of the examination and, if the examination will require more than one day, the same information for the subsequent days.  O. Reg. 34/10, s. 44 (5). (6) If the attendance of the insured person is required at the examination, the insurer shall give the notice required under subsection (5) not less than five business days before the examination, unless the insured person and the insurer mutually agree otherwise.  O. Reg. 34/10, s. 44 (6). (7) If the notice under subsection (5) indicates that the attendance of the insured person is not required at the examination and it is subsequently determined by the person conducting the examination that the insured person should be in attendance and personally examined, the insurer shall give a notice to the insured person at least five business days before the examination, (a)  notifying the insured person of the change; (b)  requiring the attendance of the insured person at the examination; and (c)  setting out the day, time and location of the examination and, if the examination will require more than one day, setting out the same information for the subsequent days.  O. Reg. 34/10, s. 44 (7). (8) A notice under subsection (5) or (7) may be verbal if a written confirmation is given as soon as practicable afterwards.  O. Reg. 34/10, s. 44 (8). (9) The following rules apply in respect of the examination: 1.  If the attendance of the insured person is not required, the insured person and the insurer shall, within five business days after the day the notice under subsection (5) is received by the insured person, provide to the person or persons conducting the examination such information and documents as are relevant or necessary for the review of the insured person’s medical condition. 2.  If the attendance of the insured person is required, i.  the insurer shall make reasonable efforts to schedule the examination for a day, time and location that are convenient for the insured person, ii.  the insured person and the insurer shall, not later than five business days before the day scheduled for the examination, provide to the person or persons conducting the examination such information and documents as are relevant or necessary for the review of the insured person’s medical condition, and iii.  the insured person shall attend the examination and submit to all reasonable physical, psychological, mental and functional examinations requested by the person or persons conducting the examination. 3.  If the examination relates to an application for attendant care benefits, the report of the examination must include an assessment of attendant care needs prepared in accordance with section 42.  O. Reg. 34/10, s. 44 (9).