The applicant was injured in a motor vehicle accident and received statutory accident benefits.
After her benefits were terminated, she applied for arbitration to reinstate weekly income and housekeeping benefits.
During the arbitration hearing, the insurer moved to include claims for repayment of benefits previously paid, alleging they were paid in error.
The arbitrator allowed the insurer to add the repayment claims for weekly income and housekeeping benefits, finding they naturally flowed from the issues in dispute, but granted the applicant an adjournment to respond.
The applicant subsequently withdrew her application for arbitration and moved for her expenses.
The arbitrator awarded the applicant her expenses, finding the insurer failed to raise the repayment issues in a timely manner, which would have minimized expenses.
