Following an earlier decision, in which the claimant’s case was dismissed, the insurer sought costs. Adjudicator Sewrattan reviewed the reasoning for the dismissal of the claimant’s case, which largely turned upon the claimant’s counsel failing to submit materials and evidence to the LAT. He concluded that the applicant had not acted unreasonably, but rather, that the applicant’s counsel had. Generally, Adjudicator Sewrattan would have considered the applicant and his counsel as one party, but given the exceptional facts in the case, he reasoned it was appropriate to distinguish the two. He also held that the LAT Rules did not permit an award of costs against the claimant’s counsel. Therefore, no costs were awarded.
