The claimant was involved in an accident while in the course of her employment as a Registered Practical Nurse. She was eligible for, applied for, and received WSIB. She subsequently elected to pursue a tort action and accident benefits. The respondent denied the claimant’s accident benefit claim pursuant to section 61 of the SABs, based on its belief that her action was brought primarily for the purpose of claiming accident benefits. The claimant contended that the primary purpose of her election was to pursue a tort action, not to claim accident benefits. Adjudicator Shapiro concluded that the claimant’s election was equally made to pursue a tort claim and accident benefits, and thus, not primarily for claiming accident benefits. The claimant was not precluded from proceeding with her claims for accident benefits.
