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Insurer denied refund of arbitration assessment fee and applicant denied expenses after withdrawing application at hearing.
The applicant was injured in a motor vehicle accident and applied for arbitration after the insurer terminated his weekly income benefits.
At the opening of the arbitration hearing, the applicant withdrew his application, stating he wished to pursue the matter in court.
The insurer sought a refund of its $1,000 assessment fee, and the applicant sought his expenses for the arbitration.
The arbitrator held that there is no statutory provision allowing for the refund of the insurer's assessment fee when an application is withdrawn.
The arbitrator also declined to award the applicant his expenses, finding that his withdrawal at the hearing was capricious and unreasonably prolonged the proceedings.
