The appellant appealed an arbitrator's decision finding that he had entered into a binding full and final settlement of his statutory accident benefits claim.
The arbitrator had held that the appellant's failure to personally sign the release did not invalidate the settlement.
On appeal, the Director's Delegate found that the arbitrator erred in law by applying the wrong regulation.
Under the applicable Settlement Regulation for Settlements Made on or After March 1, 2002, the cooling-off period for rescinding a settlement does not commence until the insured person personally signs the release.
Because the appellant never signed the release, the settlement was not binding and the cooling-off period had not expired.
The appeal was allowed and the matter remitted to arbitration.