FSCO held a preliminary issues hearing to assess the extent of Waldock’s injuries, and an arbitrator ruled in favor of Waldock but postponed the issue of hearing costs to a later date. When eventually making his decision, the FSCO arbitrator commented that State Farm’s medical examiner “failed to follow the accepted guidelines to determine whether a person is catastrophically impaired, and ruled against the insurer based on its denial of catastrophic impairment on a flawed report.”
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