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No binding settlement reached at mediation due to honest misunderstanding regarding verification of pre-accident income.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer until they were terminated.
The applicant applied for mediation and claimed that the parties reached a settlement to reinstate benefits at $600 per week, as reflected in a Report of Mediator.
The insurer argued that the agreement was contingent on receiving verification of the applicant's pre-accident income.
The arbitrator found that there was an honest misunderstanding between the parties and concluded that no binding settlement was reached regarding the proper amount of the weekly income benefits.
The applicant was awarded expenses for the preliminary issue.
