Lou Ferro

The applicant was injured in a motor vehicle accident and sought payment for rehabilitation services provided by Trauma Services.

The insurer refused to fund further services and raised a preliminary issue, arguing that the arbitrator lacked jurisdiction because the service provider, not the insured, was the real applicant.

The arbitrator found that the applicant had not assigned her right to commence arbitration but had merely authorized the service provider to represent her and deal directly with the insurer.

The arbitrator concluded she had jurisdiction to hear the claim.