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.
