Joel E. Timmerman

The applicant applied for statutory accident benefits following a motor vehicle accident.

After his counsel was removed from the record and he failed to respond to attempts to reschedule a pre-hearing conference, the arbitrator notified the applicant of an intention to dismiss the arbitration without a hearing under Rule 68.1 of the Dispute Resolution Practice Code.

The applicant, who was incarcerated, contacted the Commission within the 20-day notice period to express his intention to proceed.

The arbitrator exercised discretion to allow the arbitration to proceed, finding that despite technical breaches, the applicant had not abandoned the proceeding and it was not frivolous, vexatious, or commenced in bad faith.

The applicant, injured in a motor vehicle accident, sought statutory accident benefits from the insurer.

After the insurer terminated and denied certain benefits, the applicant applied for arbitration and sought a special award, alleging bad faith.

As a preliminary issue, the applicant brought a motion for the production of information regarding the insurer's setting of reserve amounts for his claim.

The arbitrator ordered the insurer to disclose the reserve information, finding it relevant to the applicant's claim that the file was adjusted unreasonably and to the potential quantification of a special award.

The issue of expenses was deferred to the hearing arbitrator.