Category: WSIB

Applicant v. Northbridge Personal Insurance Company (16-001066)

Post author By tgp-admin
Post date June 6, 2017
No Comments on Applicant v. Northbridge Personal Insurance Company (16-001066)

The claimant was injured in an accident. The insurer had previously sought and received a declaration from WSIAT that under section 31 of the WSIA the claimant was barred from seeking accident benefits. WSIAT indicated that the claimant only had a claim against its employer, but could not make a declaration against accident benefits due to lack of jurisdiction. The claimant applied to the LAT for accident benefits and the Tribunal allowed the claim to go forward. However, on reconsideration, Executive Chair Lamoureux determined that the claimant was barred from bringing the claim forward. The intention of the claimant to elect by launching an action was considered irrelevant, as WSIAT made a clear determination that no election was available to the claimant.

G.P. v. Northbridge Personal Insurance Company (16-001066)

Post author By tgp-admin
Post date February 13, 2017
No Comments on G.P. v. Northbridge Personal Insurance Company (16-001066)

The LAT was asked to consider the effect of a WSIAT decision finding that the applicant could pursue a claim under the WSIA. The applicant filed at LAT and argued that the insurer had to pay benefits notwithstanding the WSIAT decision, arguing that he had made an election to receive accident benefits. Adjudicator Grant held that the WSIAT decision did not prevent the applicant from pursuing accident benefits at the LAT, as the LAT had the sole jurisdiction to determine entitlement to accident benefits. He ordered a hearing as to the impact of s.61(2) of the SABS in light of the WSIAT decision, and the benefits the applicant was entitled to. [Editor’s Note: This decision was overturned on reconsideration.]