1 total
Unsuccessful applicant ordered to pay one-half of the insurer's arbitration expenses.
The applicant was injured in a motor vehicle accident and previously denied statutory accident benefits following an arbitration hearing.
In this costs decision, the arbitrator considered whether either party was entitled to expenses.
The insurer was completely successful in the main hearing and had made a written offer to settle three days prior.
The arbitrator found the hearing took too long for claims with little merit, but noted the insurer's counsel inadvertently sent the settlement offer to the Commission before the decision was released, causing a recusal motion.
The arbitrator ordered the applicant to pay the insurer one-half of its expenses for junior counsel, subject to agreement or assessment.