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Late adjournment request denied; preliminary issue deferred to main hearing on condition applicant pays wasted costs.
The applicant failed to appear at a scheduled preliminary issue hearing regarding his entitlement to statutory accident benefits.
His representative had faxed a late adjournment request citing a scheduling conflict but provided no substantiating details and unilaterally declared they would not attend.
The arbitrator found the late adjournment request unjustified and an abuse of process.
However, rather than deciding the preliminary issue in the applicant's absence, the arbitrator deferred it to be heard with the main arbitration, on the condition that the applicant pay the insurer $335 in wasted costs for the day.
