The claimant applied to the LAT for both NEBs and IRBs. This preliminary hearing was to determine whether the claimant was entitled to litigate claims for both NEBs and IRBs. Adjudicator Marzinotto held that the insurer should have provided an election to the claimant, but had failed to do so. As a result, the claimant was permitted to procced to a hearing on claims for both NEBs and IRBs.