The claimant failed to provide records as ordered by the Case Conference adjudicator, and submitted his written materials 15 days late. The insurer sought to have the claim dismissed and requested costs. Adjudicator Paluch held that the dismissal of a claim should only occur with utmost caution in unusual circumstances. However, he was prepared to allow the insurer additional time to complete written submissions, and ordered that the claimant be barred from relying upon the late records. The adjudicator declined to make an order on costs and reasoned that it would be best for the hearing adjudicator to decide costs upon disposition of the matter.
Menu