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Application for accident benefits deemed withdrawn after applicant's death and family's failure to participate.
The applicant sought accident benefits following a motor vehicle accident but passed away after filing the application for arbitration.
His family did not open an estate or provide instructions to his legal representative.
The representative moved to be removed from the record, and the insurer moved to dismiss the application.
The arbitrator granted the representative's removal and deemed the application constructively withdrawn under Rule 70 of the Dispute Resolution Practice Code due to the family's non-participation, rather than dismissing it as frivolous or vexatious.
No costs were awarded.
