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Arbitration stayed to avoid multiplicity of proceedings where applicant had commenced a broader civil action.
The applicant sought arbitration for the outstanding cost of a functional abilities evaluation after a motor vehicle accident.
The insurer raised two preliminary issues: whether the applicant's representative had authority to act, and whether the arbitration was precluded because the applicant had commenced a civil action regarding the same issues.
The arbitrator found that the representative had authority to act, as the applicant had not assigned his benefits but merely authorized direct billing.
However, the arbitrator stayed the arbitration proceeding, finding that the cost of the evaluation was not a discrete issue and should be dealt with in the broader civil action to avoid multiplicity of proceedings and inconsistent findings.
