The applicant was injured in a motor vehicle accident and subsequently died intestate.
His legal counsel filed an Application for Arbitration for statutory accident benefits after his death, without mentioning the death.
The insurer argued the application was a nullity because the lawyer's authority terminated upon the applicant's death.
The arbitrator found that because the applicant's widow was subsequently appointed as Litigation Administrator by the Superior Court of Justice specifically to continue the arbitration, the defect could be cured.
Using discretion under the Dispute Resolution Practice Code, the arbitrator ruled the application was not a nullity and allowed the arbitration to proceed.
