This is a reconsideration decision concerning procedural issues with respect to the submission of supplementary written submissions. Following an oral hearing, the parties were invited to submit supplementary written submissions. Due to a clerical error at the LAT’s office, Adjudicator Shapiro ordered that the insurer file its submissions prior to the deadline that was ordered for the claimant’s submissions. Both parties requested reconsideration of Adjudicator Shapiro’s preliminary order on the length and deadlines for filing supplementary submissions. The claimant requested that only his filed supplementary written submissions be put before the adjudicator. The insurer requested a reconsideration on the timing, content, length and sequencing of the written submissions. The insurer raised arguments with respect to the legislative scheme governing the LAT and complained about claimant’s counsel behaviour. Associate Chair Batty denied the claimant’s application for reconsideration and granted the insurer’s relief, in part. Associate Chair Bhatty held that the fact that the insurer was ordered to submit its supplementary submissions before the claimant’s submissions were due violated the rules of procedural justice. To cure this error, Associate Chair Batty ordered that the parties file new written submissions with the claimant’s submissions due first.
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