The claimant initially sought entitlement to NEBs and the cost of two assessments. The insurer argued that the dispute was time barred. Prior to the preliminary hearing regarding the limitations argument the claimant withdrew her claim; the insurer still sought costs. Adjudicator Johal rejected the claim for costs, even though the claimant had made a total of three FSCO and LAT disputes regarding NEBs. The adjudicator wrote that a claimant is entitled to withdraw an issue in dispute or an entire dispute without consent, and that such behaviour will rarely justify costs. In this case, the claimant was not in breach of any direction or order of the Tribunal nor did she interfere with the Tribunal’s ability to carry out a fair, efficient, and effective process.
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