The applicant was injured in a motor vehicle accident and received statutory accident benefits.
The insurer terminated weekly income benefits.
The applicant commenced a civil action regarding medical and rehabilitation benefits, including a modified van.
The applicant later applied for arbitration regarding weekly income benefits and insurance for the van.
The insurer argued the arbitration was an abuse of process due to the concurrent civil action and sought repayment of its $3,000 assessment fee.
The arbitrator held that the applicant could proceed with the arbitration for weekly income benefits, as the issues were substantially different from the civil action.
However, the issue of insurance for the van was already part of the civil action and could not be arbitrated.
The applicant was not required to pay the assessment fee.
