The appellant insurer sought a stay of an arbitrator's order awarding the respondent insured over $360,000 in attendant care and housekeeping benefits, interest, a special award, and legal expenses.
The insurer argued it was denied procedural fairness because it was not given notice that the arbitrator would determine entitlement to and quantum of these benefits and the special award at the expense hearing.
The Director's Delegate found strong substance to the argued error of law regarding procedural fairness and granted a stay of the benefits, interest, special award, and a portion of the legal expenses pending the appeal.
The respondent's motion to estop the appeal and the appellant's cross-motion to strike affidavit material were dismissed.
