The applicant withdrew his application for arbitration for statutory accident benefits after the insurer paid outstanding clinical amounts.
The insurer objected to the unilateral withdrawal without costs and requested an expense hearing under Rule 70.3 of the Dispute Resolution Practice Code, seeking $5,333.90 in costs.
The arbitrator found that while the insurer had the right to pursue costs for a contested withdrawal, the applicant's withdrawal was reasonable given his improved condition and the insurer's payment of service providers.
The arbitrator concluded that neither party was entirely successful and ordered the parties to bear their own expenses.
