M.O. v. Unifund Assurance Company (17-000043)

The claimant sought entitlement to medical benefits and then she withdrew at a case conference, after the insurer objected to her non-attendance at an IE. The claimant then brought another LAT application for medical benefits. The insurer reiterated its objection that the claimant failed to attend a rescheduled IE, and she again withdrew at the case conference. The insurer requested costs. Adjudicator Anna Truong found that the second application for arbitration was frivolous, vexations, and unreasonable, under Rule 19. While the insurer requested $5,000.00, it was awarded $500.00, as Adjudicator Truong held that the award of costs is not meant to be an assessment of actual costs; rather, it is a deterrent.