The applicant was injured in a motor vehicle accident while driving a tractor-trailer and applied for statutory accident benefits.
The insurer argued the applicant was entitled to workers' compensation benefits and thus precluded from receiving accident benefits under section 59 of the Schedule.
In a preliminary issue hearing, the arbitrator found that the applicant had not elected to bring a tort action, meaning the exception under subsection 59(2) was unavailable.
The arbitrator declined to determine whether the applicant was entitled to workers' compensation benefits under subsection 59(1), finding that the Workplace Safety and Insurance Appeals Tribunal had exclusive jurisdiction over that issue, and adjourned the entitlement hearing to allow an application to the Tribunal.
