The appellant appealed an arbitrator's decision denying his claim for further statutory accident benefits and refusing to award him his arbitration expenses.
The appellant argued that under the McCormick criteria, expenses should only be denied if the application was manifestly frivolous or vexatious, which the arbitrator explicitly found it was not.
The Director's Delegate dismissed the appeal, holding that the McCormick criteria are not rigid rules and that an arbitrator has broad discretion to deny expenses where a claim lacks merit and the applicant's testimony lacks credibility, even if the conduct does not rise to the level of frivolous or vexatious.
