The insurer brought a motion to dismiss the applicant's arbitration application for statutory accident benefits after the applicant failed to participate following an order for a rehearing.
The arbitrator declined to dismiss the application as frivolous or vexatious, noting that such a finding requires an assessment of the merits.
However, given the applicant's failure to retain new counsel, attend the motion, or respond to communications, the arbitrator deemed the application constructively withdrawn pursuant to Rule 70 of the Dispute Resolution Practice Code.
No expenses were awarded to the insurer.
