The claimant sought removal from the MIG and entitlement to various treatment plans. The insurer argued that the claimant was barred from claiming accident benefits due to section 61 of the SABS. The claimant was employed as a personal support worker at the time of the accident, and was driving from one client to another client when the accident occurred. The claimant filed a Form 7 with the WSIB stating that she intended on making a claim through her auto insurance. The claimant submitted an OCF1 to the insurer, and did not complete a WSIB election form. Counsel for the claimant wrote to WSIB six months after the accident stating that she intended on suing the at-fault driver. A statement of claim was issued five months after that. The insurer argued that the claimant was claiming accident benefits without the primary intention of seeking damages from the third party. Adjudicator Hines rejected the insurer’s arguments, and found that the claimant did intend on pursuing a court action against the third party, and the insurer could not show that the tort claim was frivolous or invalid. Adjudicator Hines did not find the timing of the claimant’s statement of claim issuance to be suspect, as it was commenced within one year of the accident. As to the benefits in dispute, Adjudicator Hines concluded that the claimant suffered a predominantly minor injury, and dismissed the claimed medical benefits.
