The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
A preliminary issue hearing was held to determine whether the applicant had the mental capacity to proceed in the dispute resolution process under Rule 10.3(a) of the Dispute Resolution Practice Code.
The arbitrator reviewed medical evidence and observed the applicant's participation in teleconferences, concluding that there was insufficient evidence to rebut the presumption of capacity.
The arbitrator found that the applicant had the mental capacity to proceed.
