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.]
