Dr. A. Peterkin

The Appellant appealed an arbitration decision that denied her claim for post-104 week income replacement benefits (IRBs) and ordered each party to bear their own legal expenses.

The Director's Delegate upheld the denial of IRBs, finding no error of law in the Arbitrator's assessment of the evidence and credibility, noting that an appellate officer cannot retry the case or substitute findings of fact.

However, the Delegate found that the Arbitrator breached procedural fairness by deciding the issue of legal expenses without providing the parties an opportunity to make submissions.

The legal expenses issue was remitted to arbitration for redetermination.

The Appellant was awarded $500 in appeal costs.