Judge Reginald Boddie
Provider Boro Chiropractic moved to vacate a master arbitrator’s award. It disputed payment of claims for no-fault insurance benefits for treatment which insurer State Farm denied arguing Boro’s assignee failed to appear at scheduled examinations under oath (EUOs). The claims were submitted to compulsory arbitration and the arbitrator awarded Boro $1,941.93 finding State Farm failed to meet its burden of proving its EUO no-show defense. State Farm appealed to a master arbitrator, who vacated the award finding Boro offered no proof the EUO was conducted, and disagreed it was State Farm’s burden to produce an affidavit indicating Boro’s failure to appear. Boro argued the master arbitrator’s decision exceeded his power of review. The court agreed finding the master arbitrator’s decision was contrary to settled law, noting the burden of establishing an EUO no-show defense was on the insurer, yet the master arbitrator improperly shifted the burden of proof to Boro to establish attendance at the EUOs. The court ruled the master arbitrator’s grounds for vacating the arbitration award was contrary to settled law and he exceeded his power of review. Hence, it reversed the master arbitrator’s award and reinstated the initial award.