The applicant, who was injured in a motor vehicle accident, sought statutory accident benefits.
Due to the applicant's deteriorating mental capacity, her counsel brought a motion to appoint her separated spouse as her representative in the arbitration process under Rule 10.5 of the Dispute Resolution Practice Code.
The insurer opposed the appointment because the spouse did not reside with the applicant and sought to dismiss the arbitration for delay.
The arbitrator granted the motion, noting the spouse had already been appointed litigation guardian in the related tort action, the Public Guardian and Trustee declined to act, and the delay was attributable to the applicant's incapacity.
