Dr. R. Ferrari

The insurer sought to appeal an arbitrator's preliminary order excluding an expert medical report that was served only seven days prior to the start of the arbitration hearing, contrary to the 30-day requirement in Rule 39.1 of the Dispute Resolution Practice Code.

The Director's Delegate rejected the appeal, finding no extraordinary circumstances to justify an exception to the rule against appealing preliminary or interim orders before the arbitration is finally decided.

The Delegate emphasized the legislative deference given to arbitrators' discretionary procedural decisions and the importance of timely disclosure to ensure fairness and efficiency.