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Arbitration dismissed for abuse of process after applicant abandoned claim and failed to attend hearing.
The applicant applied for statutory accident benefits following an alleged motor vehicle accident.
The insurer denied the claim, and the applicant commenced arbitration.
However, the applicant subsequently moved without notifying his counsel or the Commission, failed to attend the pre-hearing, and failed to attend the arbitration hearing.
The arbitrator dismissed the application, finding that the applicant's conduct amounted to a constructive withdrawal and an abuse of process.
The applicant was ordered to pay the insurer's $3,000 assessment fee and its expenses of the arbitration.
