Following a preliminary issue hearing where the applicant was precluded from proceeding to arbitration due to late notice of his intention to apply for statutory accident benefits, the insurer sought its arbitration expenses.
The arbitrator found that the applicant's conduct, including failing to attend the hearing and delaying the insurer's ability to assess his medical requirements, constituted an abuse of process.
The insurer was awarded its reasonable expenses of $1,473.90.
