The appellant insurer sought to appeal a preliminary arbitration order which found that the respondent insured had sustained a catastrophic impairment based on Glasgow Coma Scale scores.
The Director's Delegate declined to exercise discretion to hear the appeal at this time, noting that the issues raised were not novel and that hearing the appeal would prejudice the respondent by delaying the final substantive arbitration hearing scheduled for two months later.
The appeal was rejected without prejudice to it being raised after all issues in dispute have been finally decided.