The insured applied for statutory accident benefits and subsequently referred a dispute over a psycho-vocational assessment to arbitration.
Shortly after, the insured commenced a civil action in court claiming medical and rehabilitation benefits, which encompassed the same assessment expense.
The insurer brought a preliminary motion to dismiss the arbitration, arguing that the insured had elected to proceed in court and that the concurrent proceedings constituted an abuse of process.
The arbitrator found that the issues in both forums were the same, but permitted the insured to proceed with the arbitration on the condition that she withdraw the related court action or amend her statement of claim to exclude the disputed expense.
The insurer was awarded $250 in expenses for the motion.
