The insurer brought a preliminary motion to address whether the claimant was barred from proceeding with his claim for NEBs as he failed to submit an OCF-10 form electing benefits. The claimant was injured in an automobile accident on April 18, 2019, and applied for accident benefits (OCF-1) on April 23, 2019. In his OCF-1, the claimant indicated that he had returned to work on April 19, 2019. The claimant subsequently submitted an OCF-3 on June 4, 2019, indicating that he was substantially unable to perform the essential tasks of his employment. On June 10, 2019, the insurer denied both IRB and NEBs, and asked the applicant to submit an OCF-10 if he wished to pursue an IRB or NEB. On June 14, 2019, the insurer sent follow-up correspondence requesting the claimant to submit an OCF-10. The claimant never submitted an OCF-10. As such, Adjudicator Makhamra held that the claimant was barred from proceeding with his claim, as the claimant was required to, and failed to, submit an OCF-10.
