Dr. James E. Bateman

Following an arbitration and appeal regarding statutory accident benefits, the applicant sought an assessment of his arbitration expenses.

The insurers argued that the appeal automatically stayed the arbitration expenses order, but the arbitrator noted that under the Insurance Act, an appeal does not stay an order unless the Director decides otherwise.

The arbitrator assessed the applicant's claimed legal fees and disbursements, allowing a portion of the preparation time and expert witness fees.

After accounting for set-offs for collateral benefits and the insurers' appeal expenses, Allstate was ordered to pay $3,569.45 and Wellington was ordered to pay $6,381.95.

The applicant sought continued weekly income benefits following a motor vehicle accident.

The insurer had terminated benefits and claimed an overpayment, arguing the applicant was no longer substantially disabled and had received collateral income.

The applicant failed to attend the arbitration hearing or provide required documentation.

Relying on the insurer's medical evidence and the applicant's lack of proof, the arbitrator determined the correct weekly benefit amount, upheld the termination of benefits, and ordered the applicant to repay $26,088.76 in overpaid benefits.