The appellant was injured in a motor vehicle accident during the course of his employment and applied for workers' compensation benefits.
He subsequently elected to proceed with a civil action against the responsible third party.
His employer's long-term disability insurer denied his claim for benefits, arguing he was no longer entitled after his election.
The Court of Appeal held that the appellant satisfied the policy's condition precedent by applying for workers' compensation benefits and was therefore entitled to long-term disability benefits.
However, the insurer was entitled to reduce the monthly benefit by the amount of workers' compensation benefits the appellant would have received had he not elected to sue.
