Richard A. Feldman

The applicant applied for statutory accident benefits following a motor vehicle accident.

After mediation failed, the applicant applied for arbitration.

The applicant subsequently lost contact with his counsel, failed to comply with production orders, and failed to attend the scheduled arbitration hearing.

The arbitrator granted the applicant's counsel's request to be removed from the record.

Finding that the applicant had abandoned his application, the arbitrator dismissed the application and ordered the applicant to pay the insurer's expenses fixed at $3,415.72.

The applicant sought payment of $763.41 for an in-home assessment conducted following a motor vehicle accident.

The insurer refused to pay because the assessment was conducted before the applicant requested or obtained the insurer's approval, contrary to section 24(1.1) of the Statutory Accident Benefits Schedule.

The arbitrator dismissed the application, finding that the clear language of section 24(1.1) provides a complete defence for the insurer when an expense is incurred prior to obtaining approval.