Arbitrator assesses expenses, allows travel costs for out-of-town counsel, and permits insurer to set off overpayment.
The applicant sought an assessment of arbitration expenses following a decision awarding her statutory accident benefits.
The insurer disputed the applicant's counsel's travel expenses from out of town, the arbitrator's jurisdiction to hear further issues, the ownership of the expense award, the insurer's right to set off a $29,000 overpayment against the expenses, and the applicable interest rate.
The arbitrator allowed the travel expenses, finding it reasonable for the applicant to retain her counsel after he moved.
The arbitrator affirmed jurisdiction over the ancillary issues, ruled that the expense award belongs to the applicant, allowed the insurer to set off its credit against the expenses, and awarded interest on the expenses at 2 percent per month under section 24(4) of the Schedule.