Procedural Fairness And Due Process Trump Arbitrator's Award - Appeal Allowed

As the sun begins to set on FSCO, Director's Delegate Blackman rendered a Preliminary Issues Appeal order in Waldock v. State Farm (FSCO Appeal P15-00068, March 18, 2016) which serves as a helpful reminder to those who descend into the dispute resolution arena, be they insurers, applicants or adjudicators, that there is a requirement for procedural fairness and due process. 

Many will remember reading Arbitrator Henry's "Decision on Expenses" in Waldock (FSCO A13-001725, November 16, 2015) and wondering how it was possible for such significant awards to be made against an insurer (particularly in an Expense Hearing):

• $361,520.30 for past Attendant Care and Housekeeping Benefits;