The insurer requested reconsideration of the LAT’s decision to deny its request for costs, arguing that the claimant’s failure to address serious evidentiary issues throughout he proceeding amounted to frivolous and vexatious conduct warranting a costs award. Associate Chair Batty denied the request. While the LAT did not explicitly apply the definitions of frivolous and vexatious in its decision, the claimant’s actions did not amount to such conduct. The claimant’s application may have been weak, but he filed hundreds of pages of evidence in support of his position and based on that evidence, put forth some rational foundation to advance his position. He was not acting without reasonable or probable cause.
