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Arbitration withdrawal permitted; applicant ordered to pay $500 in expenses but not the assessment fee.
The applicant sought to withdraw his application for arbitration of statutory accident benefits in order to proceed by court action.
The insurer consented to the withdrawal on the condition that the applicant pay its assessment fee and arbitration expenses.
The arbitrator permitted the withdrawal and ordered the applicant to pay $500 towards the insurer's arbitration expenses, recognizing that the applicant's change of process caused wasted expenses.
However, the arbitrator declined to order the applicant to pay the insurer's $3,000 assessment fee, finding that the decision to withdraw and proceed in court did not constitute an abuse of process.
