The Appellant appealed an arbitrator's expense decision following a statutory accident benefits arbitration.
The arbitrator had awarded the Appellant reduced legal fees based on a 1:1 preparation-to-hearing ratio due to his modest success, and had also significantly reduced the Appellant's claimed disbursements without giving the Appellant an opportunity to respond to the arbitrator's specific concerns.
The Director's Delegate upheld the reduction in legal fees as a valid exercise of discretion.
However, the Delegate found that the arbitrator's process for determining disbursements denied the Appellant procedural fairness, as the Appellant was not given a chance to provide supporting documentation or submissions addressing the arbitrator's concerns.
The disbursement portion of the order was rescinded and remitted for a new hearing.
