The applicant sought a special award under s. 282(10) of the Insurance Act, arguing that the insurer unreasonably withheld or delayed payments for statutory accident benefits, including a non-earner benefit and previously settled medical treatment plans.
The arbitrator dismissed the motion, finding that a special award cannot be ordered without a finding of an underlying entitlement to benefits under the Schedule.
Since no such finding of entitlement had been made, the arbitrator lacked jurisdiction to order a special award.
