We recently succeeded in a motion at the Licence Appeal Tribunal (LAT) for production of the raw data and test results of the insurer’s psychologist.
The Dispute
The Respondent insurer had retained a psychologist to conduct an insurer examination of the Applicant. While the Respondent produced some records from the psychologist’s office, the production was incomplete. Notably absent were the psychologist’s raw test data, which are the underlying results from the psychological testing administered to the Applicant.
When our office requested that this raw test data be released to the Applicant’s treating neurologist, the Respondent refused. The insurer’s position was that such data should only be provided to another psychologist, citing professional standards and copyright concerns related to the test materials.
