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Arbitrator lacks jurisdiction to order a special award where the underlying benefits claim was fully settled.
The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer.
The applicant later entered into a full and final settlement of the accident benefits claim with a priority insurer, which allocated no monies towards attendant care benefits.
The applicant then sought a special award against the original insurer for unreasonably withholding or delaying payments.
The arbitrator held that there is no jurisdiction to order a special award where the underlying claim for benefits has been resolved on a full and final basis without any finding or recognition of entitlement to benefits.
The application for arbitration was dismissed.
