Boateng v. Allstate Insurance Company of Canada (19-014193)

A preliminary issues hearing was held to address whether the claimant was barred from proceeding with his claim for NEBs as he failed to submit an OCF-10 electing NEBs. The claimant submitted an OCF-3 supporting IRBs and NEBs. The insurer requested the claimant submit a completed OCF-10 election of benefits. The claimant failed to submit an OCF-10. Vice Chair McGee found that when an application indicates possible entitlement to more than one specified benefit, an OCF-10 is required to complete the application for accident benefits. Vice Chair McGee found that as the claimant had not properly applied for NEBs, as a result of not submitting an OCF-10, the insurer had not had an opportunity to properly adjust or deny the claim, so there was no dispute to be adjudicated by the LAT. The claimant was barred from proceeding with his claim for NEBs as no dispute over the benefit properly existed.