The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer brought a motion to preclude the applicant from proceeding to arbitration due to a failure to attend insurer's examinations or produce documents.
The parties settled all issues in the motion except for interim expenses.
The arbitrator deferred the decision on interim expenses to the hearing arbitrator, noting that expense awards for interlocutory proceedings should be reserved for exceptional cases and the hearing arbitrator is best placed to consider any misconduct in the context of the entire proceedings.
