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Arbitration order rescinded and new hearing ordered where arbitrator denied adjournment based on misapprehended facts.
The appellant appealed an arbitration order that denied him statutory accident benefits after his request for an adjournment was refused.
The appellant had retained new counsel shortly before the hearing, but his former counsel refused to release the file without an unconditional guarantee of his account.
The arbitrator, unaware of these specific efforts and the former counsel's refusal, denied the adjournment and dismissed the claim when no evidence was presented.
On appeal, the Director's Delegate found that the arbitrator had exercised his discretion based on misapprehended facts.
The appeal was allowed, the arbitration order was rescinded, and the matter was remitted for a new hearing.
